Bankruptcy Judge Tackles Suit Over Sale
By Mike Farrell & Ted Hearn -- Multichannel News, 6/4/2006 8:00:00 PM
New York — New York— A bankruptcy court judge last Friday shot down The America Channel’s attempt to block Time Warner Inc.’s and Comcast Corp.’s joint purchase of Adelphia Communications Corp., granting Adelphia a temporary restraining order and injunction against the digital channel’s antitrust suit.
U.S. Bankruptcy Court Judge Robert Gerber upheld Adelphia’s motion and enjoined TAC from further pursuing its case against Adelphia, from taking any further action to interfere with the court’s jurisdiction over the bankruptcy case and from taking any further action to interfere with the sale of Adelphia assets.
Daniel Shulman, of Minneapolis-based Gray, Plant, Mooty, Mooty & Bennett, representing TAC, said TAC would challenge the order.
TAC filed an antitrust suit in U.S. District Court in Minnesota on May 30 to block the sale, claiming Time Warner and Comcast exercise monopoly power in the programming-distribution market that will grow more formidable if they are allowed to buy Adelphia’s 5 million subscribers and bolster their regional market shares through system swaps.
TAC could appeal in federal district court in New York or seek relief from the federal court in Minnesota, Shulman said.
An Adelphia spokesman declined to comment because the litigation was ongoing.
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