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AT&T, DOJ Clash in Final Briefs in Time Warner Deal Appeal

AT&T and DOJ repeated their well-trod arguments in dueling final briefs filed Thursday with the U.S. Court of Appeals for the D.C. Circuit (see here and here, in Pacer, docket 18-5214) in DOJ's challenge of AT&T buying Time Warner. The…

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briefs only added page numbers, otherwise, they were the same. AT&T said DOJ wrongly paints a caricature of the U.S. District Court decision allowing the deal when the lower court "well understood" the economics underlying Justice's hypothetical bargaining theory. The department said the appeal "will shape the future of the media and telecommunications industries for decades to come," setting the standard for determining whether to allow vertical combinations that end up controlling valuable programming content and distribution routes. The FCC, the American Cable Association and an array of antitrust scholars -- all of which previously filed amicus briefs (see 1808140001) -- recapped their arguments in final amicus briefs (see here, here and here).