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Case Basics
Docket No. 
Comcast Corp., et al.
Caroline Behrend, et al.
Decided By 
(for the petitioners)
(for the respondents)
Facts of the Case 

In 2003, Caroline Behrend, along with Stanford Glaberson, Joan Evanchuk-Kind, and Eric Brislawn, brought an antitrust class action suit against Comcast Corporation. The petitioners were all Comcast cable customers, alleging that the company obtained a monopoly on the cable market in violation of the Sherman Antitrust Act. By contracting with competitors to swap customers and subsume the regional cable markets, the company excluded and prevented competition amongst cable providers in the Philadelphia area. The proposed class of plaintiffs included all cable television customers in the Philadelphia area who subscribe or subscribed to Comcast’s video programming services since December 1999.

In May 2007, the US District Court for the Eastern District of Pennsylvania certified the class, allowing the case to move forward. In light of a new antitrust decision in 2008 on class certification from the U.S. Court of Appeals for the Third Circuit, the District Court reconsidered its certification decision. The court held evidentiary hearings in October 2009, which consisted of dozens of expert testimonies and depositions. Following the hearings, the District Court recertified the class, finding sufficient evidence of a common impact amongst class members and a common methodology available to measure damages on a class-wide basis. Comcast subsequently appealed and the Court of Appeals affirmed the lower court decision.


Is a district court allowed to certify a class without adequate admissible evidence that damages may be measured and quantified on a class-wide basis?

Cite this Page
COMCAST v. BEHREND. The Oyez Project at IIT Chicago-Kent College of Law. 27 August 2015. <>.
COMCAST v. BEHREND, The Oyez Project at IIT Chicago-Kent College of Law, (last visited August 27, 2015).
"COMCAST v. BEHREND," The Oyez Project at IIT Chicago-Kent College of Law, accessed August 27, 2015,