On March 15, Judge Richard Leon said “Fake News” to a report that the trial will start on Wednesday, the 21st. It will start on Monday at 10:30. The first couple of days will be devoted to evidentiary objections. Opening arguments will be on Wednesday and the Judge thinks the trial will take 6-8 weeks.…
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On February 14, 2018, it was reported that AT&T Inc. (“AT&T”) identified as a potential witness for trial, Makan Delrahim, the head of the U.S. Department of Justice’s (“DOJ”) Antitrust Division. AT&T’s request for the antitrust chief to testify is highly unusual, but would appear necessary given that AT&T is claiming as a defense that…
Continue reading ›On November 21, 2017, the U.S. Department of Justice (“DOJ”) filed a lawsuit to block AT&T Inc.’s acquisition of Time Warner Inc. The vertical merger, which combines AT&T’s video distribution platform with Time Warner’s programming, could be the first such deal litigated in almost 40 years. According to the DOJ, the proposed acquisition will result…
Continue reading ›On November 20, 2017, the U.S. Department of Justice (“DOJ”) filed a civil antitrust lawsuit to block AT&T Inc.’s (“AT&T”) proposed acquisition of Time Warner Inc. (“Time Warner”). The vertical merger, which combines AT&T’s video distribution platform with Time Warner’s programming, could be the first such deal litigated in almost 40 years. According to the…
Continue reading ›About a week before taking office, President-elect Trump had two high level meetings with CEOs of companies that are involved in significant acquisitions currently under antitrust review by the Department of Justice’s Antitrust Division. The meetings raise questions about the integrity and independence of the DOJ’s merger reviews going forward under a Trump administration. AT&T/Time…
Continue reading ›DOJ’s Concern Regarding Vertical Foreclosure of Smaller Rivals On April 25, 2016, the DOJ submitted a proposed final judgment allowing the creation of New Charter as long as the parties agreed to certain behavioral conditions. The DOJ required conditions to resolve its concern that New Charter would have a greater incentive and ability to impose…
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