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AT&T Time Warner merger goes to lawyers for all the wrong reasons

When the deal for AT&T buying Time Warner was announced a year ago we wrote that the three regulators which stand in the way of the deal are the Justice Department (DoJ), The US Federal Trade Commission (ITC) and the FCC. The FCC has a duty of care to not let its assets – such as wireless spectrum – be used to the disadvantage of the consumer. It can block things which are seen as “not in the public’s interest,” which use such assets and it decided to give the deal a pass, leaving it to the other two. But the DoJ and the ITC can only act if the AT&T deal breaks specific clauses in either the Sherman AntiTrust…

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