We are witnessing a swing in the antitrust pendulum from minimalist to populist poles. This entry briefly highlights the dynamics, potential changes, and, perhaps more importantly from a counseling perspective, what will change and what will remain the same.
At the minimalist antitrust pole, markets are viewed as self-correcting, i.e., no monopolist or manipulator will
In late November, AT&T and T-Mobile withdrew their application for FCC’s consent to their proposed merger because of an anticipated adverse decision signaled by FCC Chairman Genachowski, opting to focus their efforts on the Department of Justice’s antitrust case. The carriers’ apparent assumption was that the FCC would surely grant a re-filed application consistent with
Moving far more quickly than the Federal Communications Commission, rejecting AT&T’s promises of more rapid wireless broadband development and the carrier’s unprecedented public relations campaign, the Department of Justice today filed a civil antitrust lawsuit to block AT&T’s proposed acquisition of T-Mobile USA Inc. Two points in DoJ’s press release of particular note include the