Home Platforms DOJ Appeals AT&T-Time Warner Ruling

DOJ Appeals AT&T-Time Warner Ruling

SHARE:

Hold the phone, it ain’t over yet.

One month after losing its case to block AT&T’s $85 billion merger with Time Warner, the Justice Department filed an appeal Thursday.

In a statement, AT&T’s general counsel, David McAtee, sounded a bit baffled.

“The Court’s decision could hardly have been more thorough, fact-based and well-reasoned,” he stated. “While the losing party in litigation always has the right to appeal if it wishes, we are surprised that the DOJ has chosen to do so under these circumstances.”

McAtee went on to state that AT&T is ready to defend the district court’s decision in the Washington, DC, Circuit Court of Appeals.

Regardless, AT&T’s shares dipped 1% after the bell, though they started creeping back up nearly immediately.

Although the Justice Department’s new filing includes no details, during the trial the government argued that combining the two behemoths – AT&T’s distribution pipes with Time Warner’s premium content – was an antitrust violation that would lead to higher prices for consumers.

AT&T claimed that to attract ad dollars and more effectively compete against massive tech rivals – Netflix, Amazon, Facebook and Google – it needed the opportunity to combine data, entertainment and distribution into a single platform.

The federal judge presiding over the case, Richard Leon, was ultimately unmoved by the government’s argument, deciding unequivocally in AT&T’s favor and deeming the merger legal. There were no conditions imposed on the merger.

In his 172-page opinion on June 12, Leon expressly stated his belief that the government has no “likelihood of success on the merits of an appeal.”

“[The] government here has taken its best shot to block the merger based on the law and the facts and within the time allowed,” Leon wrote. “The defendant did their best to oppose it. The Court has spoken.”

Subscribe

AdExchanger Daily

Get our editors’ roundup delivered to your inbox every weekday.

But what does the government’s move mean for the future of vertical mergers if Leon’s blessing of AT&T-Time Warner is revoked? It’s possible there could be a dampening effect, at least in the short term, for other media and cable giants, notably Disney and Comcast, as they battle for more assets of their own.

As Elgin Thompson, managing director of Digital Capital Advisors, noted to AdExchanger in June, after Leon approved the AT&T-Time Warner deal: The “DOJ pushed the pause button on the media M&A market” in November when it first sued AT&T over the telecom’s merger aspirations.

Now it’s trying to do the same again.

Must Read

Comic: Alphabet Soup

Buried DOJ Evidence Reveals How Google Dealt With The Trade Desk

In the process of the investigation into Google, the Department of Justice unearthed a vast trove of separate evidence. Some of these findings paint a whole new picture of how Google interacts and competes with its main DSP rival, The Trade Desk.

Comic: The Unified Auction

DOJ vs. Google, Day Four: Behind The Scenes On The Fraught Rollout Of Unified Pricing Rules

On Thursday, the US district court in Alexandria, Virginia boarded a time machine back to April 18, 2019 – the day of a tense meeting between Google and publishers.

Google Ads Will Now Use A Trusted Execution Environment By Default

Confidential matching – which uses a TEE built on Google Cloud infrastructure – will now be the default setting for all uses of advertiser first-party data in Customer Match.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters
In 2019, Google moved to a first-price auction and also ceded its last look advantage in AdX, in part because it had to. Most exchanges had already moved to first price.

Unraveling The Mystery Of PubMatic’s $5 Million Loss From A “First-Price Auction Switch”

PubMatic’s $5 million loss from DV360’s bidding algorithm fix earlier this year suggests second-price auctions aren’t completely a thing of the past.

A comic version of former News Corp executive Stephanie Layser in the courtroom for the DOJ's ad tech-focused trial against Google in Virginia.

The DOJ vs. Google, Day Two: Tales From The Underbelly Of Ad Tech

Day Two of the Google antitrust trial in Alexandria, Virginia on Tuesday was just as intensely focused on the intricacies of ad tech as on Day One.

A comic depicting Judge Leonie Brinkema's view of the her courtroom where the DOJ vs. Google ad tech antitrust trial is about to begin. (Comic: Court Is In Session)

Your Day One Recap: DOJ vs. Google Goes Deep Into The Ad Tech Weeds

It’s not often one gets to hear sworn witnesses in federal court explain the intricacies of header bidding under oath. But that’s what happened during the first day of the Google ad tech-focused antitrust case in Virginia on Monday.