AT&T-Time Warner and a Rare Judicial Perspective on Vertical Mergers
Source: The New York Law Journal. Reprinted with permission.
A federal trial judge rejected the Department of Justice’s challenge to AT&T Inc.’s proposed acquisition of Time Warner Inc., denying the government’s request to block the proposed merger of a leading communications provider with a major entertainment company. Aside from the intense public interest in this transaction, the opinion provides a rare judicial perspective on vertical mergers: adjudicated decisions on vertical mergers are infrequent and it has been about forty years since the last time the Antitrust Division of the Department of Justice (DOJ) went to court seeking to enjoin a vertical merger.
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