Puerto Rico Telephone Co. v. San Juan Cable LLC, No. 16-2132 (1st Cir. 2017)Annotate this Case
The First Circuit agreed with the judgment of the district court that the facts in this case alleging unlawful monopolization could not subject San Juan Cable LLC, doing business as “OneLink,” to liability under the so-called “sham” exception to the Noerr-Pennington immunity.
Puerto Rico Telephone Company (PRTC) sought permission from the Puerto Rico Telecommunications Regulatory Board (TRB) to offer internet protocol television services to Puerto Rico residents. OneLink, which provided cable television service to residents of several municipalities in Puerto Rico, petitioned the TRB and other governmental tribunals and officials, to impede PRTC’s efforts. PRTC eventually obtained the requested permission from the TRB. Thereafter, PRTC filed this antitrust action claiming that OneLink’s interference with its permitting efforts constituted unlawful monopolization and attempted monopolization. The district court granted summary judgment to OneLink, concluding that OneLink’s actions were immune from suit under the Noerr-Pennington doctrine, which conditionally protects the right to petition the government. On appeal, PRTC argued that the facts could support a finding that OneLink abused its right to petition and could be found liable under the sham exception to Noerr-Pennington immunity. The First Circuit affirmed, holding that the facts in this case could not subject OneLink to liability under the sham exception.