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Nielsen Achieves Victory in Monopolization Case

The United States Court of Appeals for the Eleventh Circuit has affirmed the district court's grant of summary judgment in favor of Paul, Weiss client The Nielsen Company in a monopolization case brought by Sunbeam Television, the Fox television affiliate in Miami. Sunbeam claimed that Nielsen excluded rivals from the local television ratings market through a variety of exclusionary acts, which allowed it to introduce an inferior service (the Local People Meter technology) and charge excessive prices. The Eleventh Circuit held that Sunbeam failed to identify any rival willing and able to enter the market and so lacked standing to assert an antitrust claim. It also noted that there was no evidence that Nielsen's Local People Meter service was inferior to the preexisting Meter Diary system. 

The case began in 2009 and, at various points in time, the Paul, Weiss team included litigation partners Jessica Carey, Leslie Fagen and Aidan Synnott and counsels Farrah Berse, Daniel Crane, Darren Johnson, David Schwartz-Leeper and Brian Stekloff. Aidan Synnott argued the appeal.

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