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Can Vertical Merger Analysis be Salvaged After the AT&T/Time-Warner Merger Decision?

BY | July 24, 2019

By Malcolm B. Coate The AT&T/Time-Warner decision rejected the Department of Justice’s challenge to AT&T’s vertical acquisition of the cable programmer, Time Warner. The litigation focused on a post-Chicago vertical…

By Malcolm B. Coate

The AT&T/Time-Warner decision rejected the Department of Justice’s challenge to AT&T’s vertical acquisition of the cable programmer, Time Warner. The litigation focused on a post-Chicago vertical theory that looked good on paper, but could not be substantiated in practice. As the theoretical model imposed a specific structure on the competitive process, its rejection was hardly surprising. Competition in the cable industry involves complex static and dynamic consi

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