Tales of the Sausage Factory

7 Reasons Why The AT&T/TW Trial Matters So Much The Future of Antitrust (+1 for Appeal).

Starting this week, AT&T and Time Warner get their day in court to prove that their proposed merger does not violate the anti-trust laws. I outlined the basic line of reasoning in the government’s case back shortly after it became clear the government intended to oppose. Since then, the parties have engaged in discovery, lined up their experts, and now filed their pre-trial briefs outlining their arguments on the relevant issues and standards. You can read the AT&T pre-trial brief here, and the DoJ pre-trial brief here.

 

It’s a lot easier to outline what the parties will try to show, and their differing strategies for trying to show it, than it is to guess how Judge Leon will decide at this point. But while the outcome alone makes this pretty important, it has the potential to massively shape antitrust going forward (assuming antitrust law survives the Supreme Court’s upcoming decision in Ohio v. American Express). Below, I unpack what makes this case so potentially important from a law perspective.

 

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Posted in Media Ownership, Tales of the Sausage Factory | Also tagged , , | 2 Comments (Comments closed)

Tales of the Sausage Factory

Why DoJ’s Win Against H&R Block Is Bad News For AT&T/T-Mo.

The Department of Justice Antitrust Division (DoJ) just won its lawsuit to block H&R Block from acquiring its smaller, “maverick” competitor Tax Act. Even with the actual Order sealed for a month to let parties scrub out the trade secrets, a few important things stand out for why this is good news for DoJ in its lawsuit to block AT&T taking over T-Mo. In sports terms, this is like DoJ having a super strong exhibition season going into the regular season of play. While you still need to play the games to see who wins, anyone facing them ought to be worried.

My major takeaways from what we know so far below . . . .

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Posted in Spectrum, Tales of the Sausage Factory | Also tagged , , , , , , | 1 Comment (Comments closed)
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