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Unilateral Effects May Have Failed In Sirius-XM Review

Law360 (March 25, 2008, 12:00 AM EDT) -- In deciding to bless the merger between Sirius Satellite Radio and XM Satellite Radio Holdings, critics say the U.S. Department of Justice glossed over the serious anti-competitive threats the union poses, suggesting that the agency was unable to build a convincing argument against the deal under the unilateral-effects theory.

The DOJ's decision not to block the merger this week indicated that the agency may have been concerned about how strong an argument it could have made in federal court based on the unilateral-effects theory. The theory...
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