Friday, October 18, 2019

Timing is Everything for a Merger: DirecTV and Dish?


In October of 2002, the FCC ruled that the combination of Dish (formerly Echostar Communications Corp.) and DirecTV (formerly owned by Hughes Electronics, a subsidiary of GM) in the multichannel video program distribution (“MVPD”) market would likely “harm consumers by: (1) eliminating an existing viable competitor in every market; (2) creating the potential for higher prices and lower service quality; and (3) negatively impacting future innovation.”  At the time, most markets had three competitors – the two satellite providers and a cable company (e.g. Comcast).  At the national level with 87.6 million MVPDs subscribers, the combined market share of the satellite firms summed to about 20 percent.  On a per market basis, the market shares were much higher and therefore a hypothetical merger would have increased the market power of both the satellite firm and its cable competitor.  At a time, when annual MVPD price increases were significantly outpacing inflation, the market needed more competition, not less.

Today, Dish and DirecTV account for about a third of the MVPD market. Today, the cable providers face increasing competition from the “fringe” – media and technology firms going direct to consumer with streamed content over the internet.  Today, an increasing number of households are cutting the cord and not subscribing at all to an MVPD service.  So, would today be the right time for a merger between the 2 satellite providers?  Would a merger be approved by regulators?  Market analysts suggest that, if the 2 firms combined, they would realize $2 billion in cost savings annually.  The synergies would help the firms, with their own skinny bundles (DirecTV Now and Dish Sling), compete in an increasingly crowded and fragmented market.  But, with Dish on the hook to buy Sprint’s assets to be a new entrant in the wireless telecom market, today may not be the right time.





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