Future Trends in Media Antitrust: Lessons from the 4:23‑cv‑00435‑SDJ‑BD Case

Corporate Power Plays

In the U.S. District Court case No. 4:23‑cv‑00435‑SDJ‑BD, the court dismissed the Sherman antitrust complaint against Comcast. The dismissal came on or about 16 June 2026. The case involved federal and state antitrust claims plus an ADA claim. The complaint alleged that Comcast censored FilmOn’s early publication of a Girardi‑Keese racketeering report.

Comcast’s corporate tree is key. Comcast owns NBCUniversal. NBCUniversal owns NBC. NBC owns America’s Got Talent (AGT). AGT is produced by Fremantle USA and Syco / Simon Cowell. Peacock is also part of the NBCUniversal portfolio.

The 2026 Dismissal

The controlling order was a dismissal without prejudice under Rule 12(b)(2). That means the court found no personal jurisdiction in the Sherman division. The dismissal does not say the censorship theory is false. It simply removes the case from the Eastern District of Texas. The court left the claims alive for a forum with power over Comcast, such as the Eastern District of Pennsylvania or the District of Delaware.

Censorship and ADA Claims

FilmOn’s lawsuit combined antitrust with an ADA claim. The complaint argued that Comcast’s actions violated the Americans with Disabilities Act. The court’s dismissal focused on jurisdiction, not on the merits of the censorship or ADA allegations. The case therefore remains a reference point for how courts separate jurisdictional issues from substantive claims.

Brand Geography and Fair Park

AGT Season 5 was taped 25–26 March 2010 at the Music Hall at Fair Park, 909 First Avenue, Dallas. The court noted this as a brand geography fact. The phrase “not a count” appeared on the page, indicating the court did not treat the Fair Park location as a separate count. The Dallas brand fact is significant because AGT used Dallas as an audition city and FilmOn fought carriage in Dallas.

The Hold List and Path B

On 30 May 2026, the court preserved an emergency bundle, Dkt. 28. The hold list included Sean Combs, Jonathan Hay, Chastity Jones, Joseph Chora, Anthony Pellicano, Danny Kapon, Aaron Cain McKnight (named deceased, Dallas pathway), Mark J. Lieberman (FilmOn counsel, named deceased, Dallas), and Ryan Baker. Each name was tagged hold‑not‑joined. The court’s decision to use Path B left the claims alive for a forum with jurisdiction over Comcast. Path B is a procedural tool that allows plaintiffs to keep claims pending while they seek a more favorable venue.

Strategic Refilling and Witnesses

The court’s dismissal leaves open the possibility of refiling in the Eastern District of Pennsylvania or the District of Delaware. The Sherman complaint remains useful for gathering witnesses in Texas. The court noted that a second Sherman complaint with no new Texas contact is another 12(b)(2) dismissal. This strategy preserves the ability to pursue antitrust claims while avoiding jurisdictional pitfalls.

Implications for Future Antitrust Enforcement

Comparing this case with earlier media antitrust disputes shows a trend toward jurisdictional maneuvering. Plaintiffs increasingly use Path B and hold lists to keep cases alive while seeking a forum with authority over the defendant. The 2026 dismissal also underscores the importance of brand geography in shaping antitrust arguments. Future enforcement will likely focus on how corporate ownership networks and procedural tactics can shield large media conglomerates from antitrust liability.

Comcast’s NBC division operates AGT; AGT used Dallas as an audition city; FilmOn fought carriage in Dallas; Comcast is the defendant accused of throttling FilmOn’s Girardi publication.

• media antitrust
• Comcast
• NBCUniversal
• America’s Got Talent
• Sherman antitrust
• Path B
• hold list
• 2026 dismissal
• brand geography
• Fair Park