Comcast is seeking permission to appeal an Illinois federal court's refusal to end long-running litigation accusing the cable provider of refusing to work with advertisers that don't use its internal advertising system.

Comcast filed a motion Monday requesting the court modify its recent summary judgment ruling to allow an interlocutory appeal to the Seventh Circuit in a case brought by advertising rep Viamedia.

The motion said the appeal will argue that the ruling misapplied the U.S. Supreme Court's Amex decision by finding that the market at issue is not a two-sided transaction platform like credit cards. Under Amex, business practices must be shown to harm competition on both sides of a two-sided market to be considered anticompetitive.

"This case has a long and complicated history, and Comcast understands and supports the impetus to bring it to trial promptly," the motion said. "But proceeding to trial in the current posture risks even further delays, as there is a substantial risk that any trial held subject to the court's interpretation of Amex could well be reversed on appeal, resulting in even further delays."

U.S. District Judge Sharon Johnson Coleman denied Comcast's summary judgment motion Oct. 14, declining to toss Viamedia's monopolization claim accusing Comcast of illegally tying its so-called interconnect services to its cable advertising representative services. Interconnects are platforms that help coordinate spot-cable advertisements by connecting advertisers and video service providers.

Viamedia, a spot-cable advertising broker, accuses Comcast of using its monopoly power to control spot ad sales in several designated market areas. Lodged in 2016, the suit stems from Comcast's decision not to renew its contract with Viamedia after it expired, opting instead to sell ads through its own ad rep subsidiary.

A split Seventh Circuit panel revived the case in 2020 after the district court granted summary judgment in Comcast's favor. The Supreme Court refused to review the case after that decision.

In a statement Tuesday, Viamedia said the company welcomes the court's most recent summary judgment ruling, saying the decision to send the claims to trial is in line with the Seventh Circuit's ruling. Viamedia CEO David Solomon said in the statement the case continues to be about ensuring fair and open competition.

"We remain committed to the same principles that have guided our business for more than two decades — providing choice, innovation, transparency, and access for advertisers and local cable television providers across the country," Solomon said. "We look forward to presenting our case and reaffirming the importance of independent players in driving linear TV and digital advertising innovation and value for advertisers and consumers."

The statement said Viamedia is seeking an injunction to force Comcast to provide open interconnect access and damages that could reach $387.3 million.

Comcast said in Monday's motion that in denying the most recent summary judgment bid, the court interpreted the Amex decision to determine that interconnect services are not two-sided transaction platforms. But the motion said interconnects facilitate a "single, simultaneous transaction" by connecting advertisers with available ad inventory, just like credit card networks connect merchants and cardholders.

The motion said the court relied on the fact that interconnect operators provide "a multitude of services" and not just spot ad transactions, even though credit card companies also offer merchants and cardholders other services, too.

The court even acknowledged in its ruling that it was "doubtful" that Viamedia's claim could succeed if the market were viewed as two-sided, the motion said, since the company's own expert conceded that it's unlikely Comcast can exert market power over the advertiser side of the market.

"Thus, it is essential to get this issue right now, given that a decision going the other way would end this case," the motion said. "And the reality is that Amex itself casts doubt on the correctness of this court's determination, which makes the question appropriate for review by the Seventh Circuit prior to trial."

Judge Johnson Coleman issued an order Tuesday scheduling a jury trial on the claims for October 2026 and called for a response to Comcast's motion by Nov. 12.

Representatives for Comcast did not respond to a request for comment Tuesday.

Viamedia is represented by James M. Webster III, Aaron M. Panner, Kenneth M. Fetterman and Derek T. Ho of Kellogg Hansen Todd Figel & Frederick PLLC and Richard J. Prendergast and Michael T. Layden of Croke Fairchild Duarte & Beres LLC.

Comcast is represented by Ross B. Bricker and Michael T. Brody of Jenner & Block LLP and Arthur J. Burke, David B. Toscano and Christopher P. Lynch of Davis Polk & Wardwell LLP.

The case is Viamedia Inc. v. Comcast Corp. et al., case number 1:16-cv-05486, in the U.S. District Court for the Northern District of Illinois.