What to expect in 2019: AT&T-Time Warner merger

On December 6^th, the 3-judge panel in the D.C. Circuit Court of Appeals, consisting of David Sentelle, Robert Wilkins, and Judith Rogers, heard oral arguments in the DOJ’s appeal case to overturn federal Judge Richard Leon’s decision to approve, without conditions, the $85 billion vertical merger of AT&T and Time Warner last June. For the government to win this case, the judges needed to be convinced, without new evidence, that there was clear error(s) made in the district court.  From statements made by those in attendance, it seemed that the judges (at least Rogers and Sentelle) were not buying the government’s arguments.  A decision by the Appeals Court is expected in February.  

If this vertical merger stands, it will green light others like it in the media space as firms recognize the increasing benefits of being in both distribution and content ownership/creation in the changing industry landscape.