Antitrust Merger Remedies Should Address Potential Ills

By Matthew Cantor and Ankur Kapoor (March 11, 2019, 6:04 PM EDT) -- On Feb. 26, 2019, the D.C. Court of Appeals affirmed the decision not to block the merger of video-programming distributor AT&T and programming provider Time Warner.

Central to the appellate court's decision was the fact that, to cure "the government's concern" that the merger could potentially lead to higher programming rates, Turner Broadcasting System Inc. (a subsidiary of Time Warner) "irrevocably" agreed to engage in "baseball style arbitration" over rates to be charged for a seven-year period if TBS failed to reach a carriage deal with approximately 1,000 video distributors, including AT&T's direct competitors. As part of the agreement, TBS agreed...

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