United States v. National Broadcasting Co.

MEMORANDUM OF DECISION

On April 14, .1972, plaintiff United States of America, acting by and through the Department of Justice, filed in this Court three separate actions charging the three defendant television networks, American Broadcasting Companies, Inc. (“ABC”), Columbia Broadcasting System, Inc. (“CBS”), National Broadcasting Company (“NBC”), and Viacom International, Inc., a former subsidiary of CBS (a consent judgment has been entered as against the latter named defendant), with conduct violating Sections 1 and 2 of the Sherman Antitrust Act. Each action alleged that the respective defendants have used their control of access to air time to monopolize prime time television entertainment programming.

Specifically, the actions allege that each network has used its control over access to prime evening air time (1) to exclude from network broadcasts those entertainment programs in which the network had no ownership interest, (2) to compel outside program suppliers to grant the network financial interests in television programs which it accepts for broadcast, (3) to refuse to offer air time to advertisers and other outside program suppliers seeking to have their own programs…