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4 Criterion J. on Innovation 1 (2019)

handle is hein.journals/critjinov4 and id is 1 raw text is: 






                                 T    H   E


C R I T E R 1 0 N
JOURNAL                       ON         INNOVATIO                        N


VOL. 4                                                               2019



               Vertical   Integration in Multichannel
             Television Markets: Revisiting Regional
             Sports Networks Using Updated Data

    Georgi  Giozov,* Nauman Ilias,t  Mark   Israel', &Allan  Shampine§

On  November 20, 2017,   the Antitrust  Division of the U.S. Department   of
Justice (DOJ)  sued in the U.S. District Court for the D.C. Circuit to enjoin
the merger  ofAT&T   and Time Warner.' OnJune   12, 2018,Judge Richard Leon
denied  the DOJ's  request to enjoin the AT&T-Time Warner merger.2 On
appeal, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit
unanimously   affirmed Judge  Leon's decision3 The  DOJ   reportedly shortly
thereafter represented to the merging parties that it would not appeal.4
    The  DOJ   built its case on a theoretical bargaining model that implied
that a vertically integrated (with distributors) content owner would charge
higher  prices to rival distributors than would  a non-vertically integrated
content  owner.5 Relatively little academic empirical work   has been  done
on  the subject. One of the few  articles on the topic-Vertical Integration in
Multichannel Television Networks: A Study of Regional Sports Networks by Kevin
Caves,  Chris Holt, and Hal  Singer (to which we will refer in this article as
the 2013  study)-was  cited by one  of the government's  expert economic

    Senior Vice President, Compass Lexecon. Email: ggiozov@compasslexecon.com.
  t Senior Vice President, Compass Lexecon. Email: nilias@compasslexecon.com.
    Senior Managing Director, Compass Lexecon. Email: misrael@compasslexecon.com.
  § Executive Vice President, Compass Lexecon. Email: ashampine@compasslexecon.com. The authors
were engaged by AT&T during the AT&T/Time Warner merger investigation and trial. We thank two
anonymous referees for valuable comments. The views expressed here are entirely our own. Copyright
2019 by Georgi Giozov, Nauman Ilias, Mark Israel, and Allan Shampine. All rights reserved.
  1 Complaint, United States v. AT&T, Inc., No. i:17-cv-O2511 (D.D.C. NOV 28, 2017),
https://www.justice.gov/atr/case-document/file/ioI29i6/download.
  2 United States v AT&T, Inc., 310 F. Supp. 3d 161 (D.D.C. 2018).
  3 United States v AT&T, Inc., No. 18-5214, 2019 WL 921544 (D.C. Cir. Feb. 26, 2019).
  4 See Brent Kendall, US. Appeals Court Rejects Justice DepartmentAntitrust Challenge toAT&T-Time Warner
Deal, WALL ST.J., Feb. 26, 2019, https://www.wsj.com/articles/u-s-appeals-court-rejects-justice-department-
antitrust-challenge-to-at-t-time-warner-deal-i551194524-
  s See Expert Report of Carl Shapiro, United States v. AT&T, Inc., No. I:17-cv-O2511 (D.D.C. Feb. 2,
2018), https://www.justice.gov/atr/case-document/file/io81336/download.
                                                                           I

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