from an overbuilder
theory of liability--x; but plaintiffs' damages
at 1434 ("[T]he model assumed the validity of all four theories of antitrust impact initially advanced by respondents: decreased penetration by satellite providers, overbuilder
deterrence, lack of benchmark competition, and increased bargaining power....
As an overbuilder
in a fast-growing market, it is critical that we are more nimble and deliver a superior service experience relative to our competition.
The expert who designed the regression model acknowledged that it did not isolate damages resulting only from the overbuilder
theory but instead included damages attributable to all four theories of antitrust impact, three of which the court had rejected.
That does not happen because the overbuilder
has no incentive to rock
If we didn't build it, the cable company might, or some overbuilder
The FCC especially noted (1) cases brought by DIRECTV and EchoStar (now DISH Network) against Comcast and (2) a case brought by overbuilder
RCN against Cablevision.
The first such law, adopted in Florida in 1987, was in direct response to the emergence of Telesat Cablevision, an aggressive overbuilder
that had entered over a dozen Florida markets, lowering cable prices and profits.
percent lower in geographic markets with a wireline overbuilder
At home, depending upon their geographic location, consumers eventually may be able to pick and choose among a telephone company, a cable company, an overbuilder
, several wireless companies, satellite companies, a broadband over powerline company, and municipal and other Wi-Fi or Wi-Max providers.
(24) As a result, in most substantial geographic markets OVS was in the position of a second entrant, or "overbuilder
." This is a historically disfavored position in the cable and local telephone exchange markets.
Those four theories were: (1) clustering "made it profitable for Comcast to withhold local sports programming from its competitors, resulting in decreased market penetration by direct broadcast satellite providers"; (2) Comcast's activities reduced competition from "overbuilders
"--companies that build competing cable networks in areas where another cable company already operates; (3) Comcast "reduced the level of 'benchmark' competition on which cable customers rely to compare prices"; and (4) the clustering "increased Comcast's bargaining power relative to content providers." ld.