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.”

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

What Platforms Say Will Bring Bigger Ad Budgets To Digital Audio

To close the gap between digital audio ad spend and audience engagement, audio platforms want to get more deeply embedded in omnichannel campaign planning tools.

AdExchanger's Big Story podcast with journalistic insights on advertising, marketing and ad tech

Programmatic TV Home Screens And Gaming Ads For Kids

How can companies put ads in new places without hurting the user experience? Smart TV makers, like Samsung, are adding programmatic ads to the home screen, and Roblox will now show ads to users under 13. We examine the trade-offs as platforms expand their ad footprint.

This AI 'Brain' Wants To Get Rid Of The Grunt Work In Creative Campaigns

Innovid’s latest offering serves as the “brain” behind a company’s orchestration layer. Optimum says it reduces manual work and cuts down on execution time.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters
multiple sets of eyes

Amazon DSP Adds Adelaide’s Pre-Bid Attention Targeting

Advertisers can target high- and medium-attention ad inventory in Amazon DSP while filtering out low-attention placements and made-for-advertising sites.

Marketers Are Getting Used To AI In The Ad Stack

Marketers and media buyers are gradually getting more comfortable talking about ad campaigns they’re testing on large-language models like OpenAI’s ChatGPT.

For Video Publishers, Performance And AI Go Hand In Hand

In Connected TV Ad Land, proving performance is the priority for video advertisers. To drive more demonstrable reach and results, publishers are trying to expand their reach while wringing more data and AI features into their offerings.