AT&T, DOJ Clash Over Antitrust Scholars' Role in Next Week's Oral Argument
AT&T and DOJ are at odds over whether a group of antitrust scholars should take part in Dec. 6 oral argument on AT&T's buy of Time Warner at the U.S. Court of Appeals for the D.C. Circuit. In a docket…
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18-5214 opposition (in Pacer) posted Monday, AT&T said the amici didn't review and analyze trial evidence and ignore or mischaracterize the lower court's decision. It said their positions align with DOJ's and will be reflected in what the government argues. Calling the 27 "a renowned and diverse group," Justice said (in Pacer) it had no opposition to them being allocated five minutes of new time or receiving five minutes of the agency's 20. The academics, in a motion (in Pacer) to participate as amici curiae Friday, asked for 10 minutes of new time. They said part could be used to answer questions the court might have about issues presented, including how Nash bargaining models should apply to vertical mergers in oligopoly markets and what weight to give to testimony about parties having considered economic benefits to other corporate affiliates in evaluating bargaining outcomes. They include American University research law professor Jonathan Baker, Rutgers Law School professor Michael Carrier, University of Pennsylvania professor Joseph Harrington, and Columbia University professor Joseph Stiglitz, who won the 2001 Nobel in economics.