March 13, 2014
SESAC first attempted to have the case dismissed in 2010, but the district court agreed with plaintiffs that it had alleged plausible antitrust claims that were worthy of discovery. After over four years of litigation and the completion of fact and expert discovery, SESAC’s effort to prevent a trial was unsuccessful. In a 69-page Opinion & Order, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York denied, with limited exception, SESAC’s motion for summary judgment. The Court’s favorable ruling ensures that each antitrust claim goes forward and SESAC will have to defend its conduct at a trial in circumstances where the Court has stated, “on all three claims, that the record evidence is sufficient to support a verdict in plaintiff’s favor.” Plaintiffs are seeking treble damages for licensee fee overcharges since 2008, structural injunctive relief to prevent the continuation of SESAC’s ongoing antitrust violations, and attorneys’ fees and costs.
The Weil team on this matter includes partners Steven Reiss, Bruce Rich, Benjamin Marks, and Eric Hochstadt in New York and partner Carrie Anderson in Washington, D.C., as well as associates Meaghan Thomas-Kennedy, Kristen Echemendia, Cheri Bessellieu, Erick Flores, Kaj Rozga, Wendy Fu, and Josh Bachrach.