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: AI-TA?

Q4: Omnicom’s IPG Merger Is An AI Test Case

Omnicom just reported its first earnings since closing the IPG deal and, shocker, it’s saying AI is main growth driver for combined holdco.

Digital-native brands need to figure out how to win in retail shelves. They're finding it difficult, to say the least.

Big CPG Brands Are Quick To Cut Ad Spend Amid A Tough US Market

Companies like P&G, PepsiCo and Colgate-Palmolive are cutting marketing spend as the easiest and quickest way to protect profitability.

How The Minnesota Star Tribune Protects Advertisers While Covering ICE Crackdowns

Amid a federal crackdown and local unrest, Minnesota’s biggest newsroom is proving brand safety and hard news can coexist.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters

Hasbro And Animaj Form A New YouTube Ad Sales House For Kids And Family Content

The kids companies Hasbro and Animaj have formed a co-venture for selling their ads on YouTube and streaming media.

I Asked ChatGPT Where My Ads Were – But It Was Wrong, OpenAI Said

It’s official: ChatGPT has launched ads and the test will expand in the coming weeks. But don’t ask the LLM for details, unless you’re looking for misinformation.

Criteo Says It's Bullish On The Future, But The Market’s All Bears

Criteo has an optimistic pitch for future growth, but Wall Street doesn’t see the money yet from LLMs, commerce agents and social shopping.