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AT&T/TW Suit Judge Denies DOJ Limit on Evidence, Which Analyst Sees Helpful to Deal

U.S. District Judge Richard Leon of Washington denied a sealed DOJ motion to preclude defendants AT&T and Time Warner from presenting at trial evidence of its "baseball-style" arbitration offer, which Wells Fargo analyst Jennifer Fritzsche wrote investors Wednesday is a…

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positive sign for the deal. An unsealed version of the motion (in Pacer) filed Tuesday said conditions offered after Justice sued to block the telco buying TW (see 1711280063) don't change the structure of the proposed deal and are inconsistent with the structural focus of the Clayton Act and irrelevant. Leon's docket 17-2511 minute order (in Pacer) Tuesday also denied a motion by a group of former DOJ officials seeking to file an amicus brief in the department's lawsuit (see 1803090022). The order didn't give reasons for the actions. Watchdog group Protect Democracy Project, representing the former DOJ officials, didn't comment Wednesday.