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February 23, 2007

Sirius-Xm Merger

The proposed merger of XM Satellite Radio Holdings Inc and Sirius Satellite Radio Inc. must run the "definition of market" gauntlet.  If regulators responsible for enforcing federal anti-trust rules (the Clayton Act in particular) define the market narrowly, they will attempt to block the merger.  If regulators define the market broadly, they will step aside.  Experienced antitrust attorney known that in most cases the definition of the market is the ball game.  Once defined the rules apply more or less mechanically.  Is the market satellite radio? all radio? radio and Internet? radio, Internet and television? radio, internet, television and iPods??  The problem is complicated by technology advances -- yesterday's market does not look like today's or tomorrow's.  It is also complicated by economic and political theory -- should government be active or passive-- and by real politics -- which party controls the regulators (and who are that party's constituents).  All is in play here, forecasting, economics, political theory, and real politik.  I would let 'em merge.

February 23, 2007 in Mergers & Acquisitions | Permalink

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