The AT&T/Time Warner Merger Case: What Happened and What is Next

The Department of Justice recently lost its case against the AT&T/Time Warner merger.

Judge Leon’s Opinion

The Court therefore declines defendants’ invitation to adopt either a per se rule or a presumption that would apply to most vertical mergers. To be sure, the standard for which defendants advocate aligns with the views of a number of authorities, including judges from this Circuit. See, e.g., Robert Bork, The Antitrust Paradox 245 (“[I]n the absence of a most unlikely proved predatory power and purpose, antitrust should never object to the verticality of any merger.”) … Tempting though it may be to agree with my appellate brethren, I need not, and will not, go that far to resolve this case.

Failure to Revise the Vertical Merger Guidelines

What’s Next

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Public Knowledge

Public Knowledge

We’re a consumer non-profit fighting to promote a creative and connected future. We work in tech policy. Read more at www.publicknowledge.org.

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