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DOJ's AT&T Appeal Needs Numbers, Not Theory: DC Circ.

Law360, Washington (December 6, 2018, 5:56 PM EST) -- A D.C. Circuit panel appeared skeptical in oral arguments Thursday of the U.S. Department of Justice’s attempts to revive its challenge to AT&T’s Time Warner purchase, demanding numbers to back up economic theory and questioning whether a district judge’s factual findings crossed the line into clear, reversible error.

DOJ attorney Michael Murray ran into heavy static when arguing that the department didn’t have to strictly quantify the likely consumer price increases, and that it was enough to show a likelihood that pay-TV rates would go up after the merger, based on witness testimony and the analysis of the government’s expert. The...

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