Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Monday, March 21, 2011

Comcast/NBCU: The FCC Provides a Roadmap for Vertical Merger Analysis

Posted by D. Daniel Sokol

Jonathan B. Baker, American University - Washington College of Law has posted Comcast/NBCU: The FCC Provides a Roadmap for Vertical Merger Analysis.

ABSTRACT: The FCC’s analysis of the Comcast-NBCU transaction fills a gap in the contemporary treatment of vertical mergers by providing a roadmap for courts and litigants addressing the possibility of anticompetitive exclusion. The FCC identified the factors any judicial or administrative tribunal would likely consider today in analyzing whether a vertical merger would lead to anticompetitive input or customer foreclosure, and a range of economic methods potentially relevant to applying that template to the facts of a transaction. Notwithstanding the difference between administrative adjudication under a public interest standard and judicial decision-making under the Clayton Act, the legal framework and economic studies the Commission employed promise to influence the approach that antitrust tribunals will now take in evaluating vertical mergers.

http://lawprofessors.typepad.com/antitrustprof_blog/2011/03/comcastnbcu-the-fcc-provides-a-roadmap-for-vertical-merger-analysis.html

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