3 product here – accordingly gives Viacom substantial market power no matter how the markets inwhich Viacom distributes those networks are defined.4.
In addition to its Core Networks, which include the Tying Networks, Viacom alsodistributes other programming through additional networks. These other networks – each a tied product here – include Centric, CMT, CMT Pure Country, Logo, MTV Hits, MTV Jams, Nick Jr., Nick 2, Nicktoons, Palladia, Teen Nick, Tr3s, VH1 Classic, and VH1 Soul. Viacom callsthese networks “Suite Networks.”5.
Unlike Viacom’s Tying Networks, none of the Suite Networks is commerciallycritical to video providers such as Cablevision. The Suite Networks feature general programming, not commercially critical programming. Many Suite Networks have low or extremely low viewership. Moreover, reasonable alternatives to Viacom’s Suite Networksabound. If the Suite Networks had to compete on their merits against alternative sources of general programming, many distributors – including Cablevision – would elect not to carry manyor all Suite Networks and instead would distribute other networks.6.
Viacom, however, has not been content to permit its Suite Networks to competeon their merits against other general programming networks. Instead, Viacom has leveraged itssubstantial market power over the Tying Networks to force Cablevision to carry the Suite Networks, thereby foreclosing competitors and harming the competitive process. Indeed, as theSuite Networks’ value to subscribers declined, Viacom’s exercise of raw market power toinsulate those networks from competition became more brazen. In early Viacomcompelled Cablevision. That agreement (and related agreements) lasted through