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Appeals Court Affirms Antitrust Judgment on Behalf of UNIVISION RADIO


The U.S. Court of Appeals for the Eleventh Circuit, on June 30, 2004 , handed UNIVISION RADIO, formerly known as Hispanic Broadcast Corporation (HBC), a significant victory by affirming the dismissal of an antitrust lawsuit filed against HBC by Spanish Broadcasting System, Incorporated (SBS).

The lawsuit, filed in June 2002 and dismissed with prejudice by a U.S. District Judge in Miami in January 2003, claimed HBC and Clear Channel, which owned 26% of HBC, implemented anti-competitive practices intended to drive SBS out of business.

“Antitrust cases are rarely dismissed on the pleadings, and we are pleased that both the district court and the Eleventh Circuit recognized that this was a case that should not proceed,” said Baker Botts L.L.P. partner Sam Cooper.

Spanish Broadcasting sought $500 million in actual damages.  The Eleventh Circuit’s opinion found no merit in SBS’ antitrust claims.

In the 25-page opinion, the court wrote, “We hold that these conclusory allegations, unsupported by specific factual allegations, do not state a claim for relief under the antitrust laws.”

Hispanic Broadcast Corporation was represented by a Baker Botts L.L.P. team that included G. Irvin Terrell, Sam Cooper, Rebeca Aizpuru, Matthew Lawson and Noelle Berryman in the Houston office; and Larry D. Carlson and Joe Wagner in the Dallas office.   HBC’s Miami counsel was Robert C. Josefsberg of Podhurst Orseck Josefsberg Eaton Meadow Olin & Perwin, P.A.

Clear Channel was represented by General Counsel Kenneth Wyker and inside counsel James Dockery;  outside counsel Stephen D. Susman, Erica Harris and Frank Apodaca of Susman Godfrey L.L.P. in Houston ; and Miami counsel Michael Nachwalter of Kenny Nachwalter Seymour Arnold Critchlow & Spector, P.A.

SBS was represented by David Boies, Robert J. Dwyer, Mark J. Heise, Steve Zack and Antonio Castro of Boies, Schiller & Flexner LLP.

HBC, which became UNIVISION RADIO in September 2003, is the largest Spanish-language radio broadcasting company in the United States . UNIVISION RADIO owns or operates 69 radio stations in 17 of the top 25 Hispanic markets in the United States and Puerto Rico .  The Company also owns and operates a network of Hispanic community-focused bilingual web sites and is the exclusive provider of Spanish-language programming for the XM Satellite Radio network.

Baker Botts L.L.P., founded in 1840, is a leading international law firm with offices in Austin , Baku , Dallas , Houston , London , Moscow , New York , Riyadh and Washington .  With more than 650 lawyers, Baker Botts provides a full spectrum of legal services to regional, national and international clients.  For more information, please visit

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