Brantley

This case is a consumer protection class action masquerading as an antitrust suit. Plaintiffs are a putative class of retail cable and satellite television subscribers. They brought suit against television programmers (Programmers) 1 and distributors (Distributors) 2 alleging that Programmers’ practice of selling multichannel cable packages violates Section 1 of the Sherman Act, 15 U.S.C. § 1 . In *1081 essence, these consumers seek to compel programmers and distributors of television programming to sell each cable channel separately, thereby permitting consumers to purchase only those channels that they wish to purchase, rather than paying for multi-channel bundles, as occurs under current market practice. Plaintiffs appeal the dismissal with prejudice of their complaint for failure to state a claim for relief under Section 1 of the Sherman Act. We affirm.

I

The television programming industry can be divided into upstream and downstream markets. In the upstream market, programmers NBC Universal and Fox Entertainment Group own television programs (such as “Law and Order”) and television channels (such as NBC’s Bravo, MSNBC, and Fox Entertainment Group’s Fox News Channel…