Summary
The challenges that the government faces in litigating vertical
mergers was illustrated in the DOJ's recent loss in its
challenge of AT&T's proposed acquisition of Time Warner.
The result provides guidance for how companies can improve their
odds of obtaining antitrust approval for similar transactions.
In Depth
The US Department of Justice's (DOJ) loss in its challenge
of AT&T's proposed acquisition of Time Warner demonstrates
the difficulties the government faces in litigating vertical
mergers and provides a guide for how companies can improve their
odds of obtaining antitrust approval for such transactions. This
was the first litigated vertical merger case in four decades and
the largest antitrust merger litigation under the Trump
administration. Last week AT&T received the go ahead from Judge
Richard J. Leon to proceed with the deal and the parties already
closed the transaction. It is still unclear whether the DOJ will
appeal the decision. Although
