WASHINGTON—The second run of United States v.

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the blockbuster antitrust combat over the telecom large’s acquisition of Time Warner, opens on a brand new stage Thursday as an appeals courtroom considers whether or not a blunt-spoken trial choose was appropriate to bless the merger.

It has been six months since U.S. District Choose Richard Leon rejected the Justice Division’s problem to the $80 billion-plus deal after a six-week trial. The George W. Bush appointee mentioned the federal government hadn’t come near proving {that a} postmerger AT&T would suppress competitors within the pay-TV business.

His 172 web page opinion included quite a lot of demonstrative responses to the DOJ’s arguments, reminiscent of “Please!” and “The reply to that query isn’t any!” He additionally mentioned a authorities financial concept central to the case was worse than a Rube Goldberg contraption.

Undeterred, the Justice Division is urgent forward with its attraction, arguing that Choose Leon ignored “basic ideas of economics and customary sense” and misunderstood how pay-TV operators and content material suppliers discount over contracts.

Appeals in merger litigation are pretty uncommon, particularly for the federal government, which in recent times hasn’t misplaced many instances.

Although not a central a part of the attraction, division officers consider current developments assist their views. AT&T raised costs on its DirecTV Now streaming service weeks after it closed the deal, and executives have mentioned costs for some channel bundles may rise.

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AT&T says current pricing strikes have been dictated by market situations and don’t have anything to do with the merger.

Elsewhere, HBO and Cinemax, which AT&T purchased within the Time Warner deal, went darkish final month on

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satellite tv for pc system after the businesses didn’t agree on contract phrases. Both sides blamed the opposite for making onerous calls for.

AT&T says Choose Leon grasped the economics of the business fairly clearly, seeing that the proof didn’t assist the federal government’s “slender and fragile” claims that the merger would give AT&T anticompetitive energy and the flexibility to lift costs for TV content material.

A brand new forged of characters will decide up the dispute when the U.S. Courtroom of Appeals for the District of Columbia Circuit hears oral arguments Thursday. A 3-judge panel, appointees of Presidents Ronald Reagan, Invoice Clinton and Barack Obama, will hear the case.

The 2 sides have traded jabs in current authorized filings, making it clear that dangerous blood stays. Within the opening of its appeals temporary, AT&T once more raised the specter of political interference by President Trump, who pledged as a candidate to dam the deal and has repeatedly criticized CNN, considered one of Time Warner’s signature manufacturers.

The division denies that politics are behind the lawsuit, saying AT&T is elevating the declare to distract from substantive points. It additionally questioned AT&T Chief Government Randall Stephenson’s testimony and a few of his public statements.

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The AT&T lawsuit, the primary main motion by the Trump administration’s antitrust enforcers, is without doubt one of the most consequential merger lawsuits in current reminiscence. It marked the primary time in 40 years the federal government went to trial to contest a so-called vertical merger that built-in corporations working in numerous segments of the identical business.

The deal mixed AT&T’s wi-fi and pay-TV companies—together with satellite tv for pc service DirecTV—with Time Warner’s leisure portfolio: the Warner Bros. film studio, HBO and the Turner networks, which embrace TBS, TNT and CNN.

DOJ’s main rivalry was that AT&T may increase its rivals’ prices by charging extra for the Turner networks as soon as it owned them. A negotiation deadlock would have a silver lining for AT&T, as a result of any potential blackout of Turner on different pay-TV methods could lead on subscribers to modify to an AT&T-owned service, the division alleged.

AT&T argued it will haven’t any extra leverage as a result of it will lose cash if Turner didn’t seem broadly on pay-TV lineups across the U.S.

Choose Leon agreed with AT&T. He mentioned the corporate wouldn’t have newfound bargaining leverage, including that rivals may compete for subscribers even with out Turner channels on their lineups.

A number of third events have filed briefs within the attraction. Shopper teams backed DOJ, as did the American Cable Affiliation, a commerce group for smaller cable operators. The Federal Communications Fee additionally filed; it didn’t take a place on the merger, nevertheless it mentioned Choose Leon improperly discounted the evidentiary worth of feedback AT&T and DirecTV had submitted to the fee earlier than the deal. That place may present no less than a small increase to DOJ.

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In an uncommon transfer, a bipartisan group of 10 states filed a quick in assist of AT&T, saying the deal would profit shoppers. The U.S. Chamber of Commerce and different enterprise teams additionally filed in assist of AT&T.

Many authorized analysts consider the Justice Division faces a troublesome street on attraction as a result of appeals courts typically afford some deference to trial judges.

If the federal government have been to prevail, the case would seemingly return to the trial courtroom to find out what would occur to the merger, together with the chance that it could possibly be unwound.

AT&T has labored shortly to place its stamp on the brand new movie and tv enterprise, which it renamed WarnerMedia, although it agreed in June to momentary guidelines that may make it simpler to unwind the deal if the next courtroom reverses Choose Leon’s choice. These situations expire on Feb. 28.

Write to Brent Kendall at [email protected]


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