The District Court’s AT&T/Time Warner Decision: Insights into the Law of Vertical Integration

By Christopher S. Yoo – 

The U.S. District Court’s opinion unconditionally approving AT&T’s acquisition of Time Warner is often mistakenly regarded as the mere application of settled law to a particular case. A close reading of the decision yields insights in five areas: (1) what constitutes must-have content; (2) the importance of focusing exclusively on merger-specific harms; (3) the importance of showing both the ability and the incentive to harm competition; (4) the increasing importance of empirical analysis; and (5) the problems with dual-agency review. As such, analysis of the District Court opinion will continue to provide key lessons even if it is superseded on appeal.

CLICK HERE FOR THE FULL ARTICLE

RECOMMENDED FOR YOU
 


More Articles More Articles More Articles