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Judge Rules AT&T Can Acquire Time Warner (wsj.com)

A federal judge said Tuesday that AT&T's $85.4 billion purchase of Time Warner is legal, clearing the path for a deal that gives the pay-TV provider ownership of cable channels such as HBO and CNN as well as film studio Warner Bros. From a report: U.S. District Judge Richard Leon announced his decision in a packed courtroom, ruling that antitrust enforcers at the Justice Department had not proven their case against the merger. The decision, in one of the biggest antitrust cases in decades, is a milestone victory for AT&T as it looks to reposition itself in a rapidly evolving media landscape. Its deal for Time Warner, valued at roughly $80 billion, has been pending since October 2016. The acquisition means AT&T will be the nation's top pay-TV distributor, through its ownership of DirecTV, as well as the owner of some of the country's most sought-after channels: Time Warner's Turner networks -- including CNN, TBS and TNT -- as well as HBO, the most popular U.S. premium network.

21 of 172 comments (clear)

  1. Are you fucking kidding me? by DogDude · · Score: 4, Insightful

    Now, our business has the choice of exactly *one* shitty ISP. Fucking wonderful.

    It's really difficult to run a business in the US due to our shocking lack of regulations.

    --
    I don't respond to AC's.
    1. Re:Are you fucking kidding me? by Merk42 · · Score: 3, Funny

      The Invisible Hand of the Free Market will work it out of course, regulation is bad.

    2. Re:Are you fucking kidding me? by Anonymous Coward · · Score: 3, Informative

      This is Time Warner, the media company (owns a few TV stations), NOT Time Warner Cable, the cable company/ISP (now Spectrum). Although not as bad, it's not good either as you know the stations TW owns will disappear or royalties will go up for competing TV and streaming companies.

    3. Re:Are you fucking kidding me? by ClickOnThis · · Score: 2

      Now, our business has the choice of exactly *one* shitty ISP. Fucking wonderful.

      What are you talking about? AT&T wants to buy a media company, not another ISP.

      It's not that an ISP buying a media company doesn't concern me (especially with net neutrality now dead.) It's just that this doesn't reduce your choice of ISP.

      It's really difficult to run a business in the US due to our shocking lack of regulations.

      I'm certainly not anti-regulation. It's just not clear to me what regulation you think is missing here.

      Now I'll grab some popcorn and watch as the libertarians flame both of us.

      --
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    4. Re:Are you fucking kidding me? by DogDude · · Score: 2

      It's just not clear to me what regulation you think is missing here.

      We desperately need ISP's to be regulated like our electrical utilities are. Our options for Internet access are either shitty mega-corporation #1 (AT&T) or shitty mega-corporation #2 (Time-Warner... apparently NOT the same Time-Warner...?).

      It's so bad that we have to have dual connections at each of our locations, so when one fails (as they often do), we can still have basic connectivity.

      --
      I don't respond to AC's.
    5. Re:Are you fucking kidding me? by Actually,+I+do+RTFA · · Score: 2

      Now, our business has the choice of exactly *one* shitty ISP. Fucking wonderful.

      There are a lot of reasons to hate this, mostly dealing with concentrated content/IP ownership. However, IIRC, the ISP service is being (or already was) spun off.

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    6. Re:Are you fucking kidding me? by ShanghaiBill · · Score: 4, Insightful

      if you dont like a free market, move to cuba or canaDUH

      The term "free market" is ambiguous. It can mean "free of regulation" or it can mean "free of barriers to competition". In practice, these two things are often opposites, especially with businesses that are natural monopolies or that have strong network effects.

    7. Re:Are you fucking kidding me? by Anonymous Coward · · Score: 2, Funny

      Oh great. Way to put a buzzkill on a great, profanity-laden rant.

    8. Re:Are you fucking kidding me? by Dragonslicer · · Score: 4, Interesting

      I usually differentiate them by using the terms "free market" and "fair market". Right-wing economics assumes that a fair market is a natural consequence of a free market; center/moderate-left economics rejects that assumption and believes that some amount of government intervention, such as antitrust regulation, is necessary to ensure a fair market.

    9. Re:Are you fucking kidding me? by Obfuscant · · Score: 2

      Still better than much of Seattle where the city council gave monopolies to one cable company(Comcast)

      There are currently three "cable companies" franchised with the city of Seattle, and in 2015 the city did away with the 'franchise zones' that limited service areas.

      There is no requirement for a franchise for an ISP. The "web" shows that there are at least 6 residential ISPs and 14 business class, with at least 7 of the latter offering gigabit network speeds.

      What monopoly are you referring to?

    10. Re:Are you fucking kidding me? by zwede · · Score: 2

      I'm losing track of who ate whom.

      Time Warner was consumed by Spectrum. So is AT&T buying Spectrum or some leftover part of Time Warner?

      Charter bought the ISP part of Time-Warner and branded it Spectrum. AT&T is now buying the content part (CNN, HBO etc) of Time-Warner.

    11. Re:Are you fucking kidding me? by Obfuscant · · Score: 3, Informative

      It's the typical business model in most cities as far as cable companies go: https://en.wikipedia.org/wiki/....

      Thank you for your lecture. I've been involved in cable franchise issues before. You seem to know about the act of 1984, but can't remember the followup federal law that prohibits exclusive franchises. Without an exclusive franchise, there is no government-granted monopoly.

      You cited the franchise ordnance for Seattly, but apparently failed to read it. Refer to 21.60.050 A. Read all the words.

      Technically there's nothing there that necessitates a monopoly,

      Nothing necessitates a monopoly, and nothing there GRANTS a monopoly, either.

      but there's also nothing stopping a company from acquiring a non-compete clause either

      Do you understand that federal law overrides local law in this area? It is against FEDERAL LAW for the city of Seattle to grant an exclusive franchise to ANY cable operator. (Since there are no franchise requirements for ISPs, that's the only franchise issue here.)

      Comcast was quite notorious for doing that.

      Of course Comcast would try for exclusive franchises while they were still legal. It's common sense for them. BUT -- they've been illegal for more then twenty years. The last franchise agreement between Seattle and Comcast was reached in 2017 -- and the expiring one wasn't exclusive either. The franchise ordnance you cite is explicit on this.

      There are also a large number of states which have laws that attempt to hinder or outright prevent local municipalities from creating their own ISP,

      This has nothing to do with cable companies, and in any case does not create a government-granted monopoly. It's irrelevant.

      Personally I'm of the opinion that cities should be in charge of their own infrastructure

      That's a different issue. You've claimed that Comcast has a government-granted monopoly in Seattle, and the existence of three franchised cable companies, along with federal law, proves you wrong.

      and allow various companies to offer competing services to the city's residents.

      I've already made friends with Google, and it tells me that there are at least 6 residential and 14 business ISPs serving Seattle, and of those 14 at least 7 are gigabit. This is what you call "no competition"?

    12. Re: Are you fucking kidding me? by Reverend+Green · · Score: 2

      Smith's Wealth of Nations is not about capitalism or "free markets". The famous "invisible hand" quote is not particularly important in the overall scheme of the book.

  2. Not a problem by PPH · · Score: 4, Insightful

    Just have AT&T divest its wireless and broadband services as a condition of the merger.

    --
    Have gnu, will travel.
  3. Cancer beats freedom! (Where's the news?) by shanen · · Score: 3, Funny

    This calls for the more complete form of my sig:

    #1 Freedom = (Meaningful + Truthful - Coerced) Choice{~5} != (Beer^4 | Speech | Trade)

    You have hit on the key term "~5" in your brief comment. Zero or one choice is not a meaningful choice. Two is the starting point of freedom, but most of us actually max out around 5 choices at a time. By the time you get up to 20 or 30 choices, you're helpless and the advertisers or slick salespeople are going to pull your strings, driven by the same kind of insane profit maximization that ATT is worshiping with this EVIL merger.

    Short summary: Capitalism is deader than Communism. Socialism is sick and Libertarianism is a sick fantasy. The most successful governments now appear to be Putin's style of Kleptocracy or Xi's style of slightly benevolent Dictatorship. #PresidentTweety wants to combine the worst of those two, though he also likes Kim Jong-un's style. We are so phucked. Corporate cancerism RULZ.

    In religious terms: There is no gawd but profit, and ATT wants to be a YUGER prophet!

    Solution? Don't hold your breath, but how about a progressive tax on corporate profits linked to market share. In your [DogDude's] situation, now that ATT is the monopolist in your market, they would have to pay the highest tax rate on all of the profits they earn there. The goal would be to encourage them to reproduce by fission, but if they don't, then the taxes will pay for (1) extensive monitoring by honest [LOL] and unbribed [ROFLMAO] government regulators (to make sure they aren't abusing their customers too badly) and for (2) research into ways to break the monopoly. (LTE is actually such a technology, though it is actually being used by the cancers that own it to prevent breaking their monopolies.)

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  4. As the saying goes by rsilvergun · · Score: 3, Insightful

    elections have consequences. You're the first person I've heard make the point that it's hard to run a business due to a _lack_ of regulations. I'm not saying you're wrong (you're dead on actually). But I've just had the narrative of regulations making business harder pounded into my skull so long it's hard to imagine the opposite, even when I logically what you're saying.

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  5. There are no conditions by rsilvergun · · Score: 3, Informative

    none whatsoever. The judge is letting it proceed as is. You have more conditions buying a candy bar from 7-11 than they're getting buying a competitor.

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  6. Show up to your primaries by rsilvergun · · Score: 4, Insightful

    folks. And then at your mid-terms. If you want change you need to start voting these bums out. Don't forget most judges are appointed. The party that appointed this judge didn't. That's why this merger sailed through with zero conditions. And it's why you'll be paying $200/mo for high speed internet in a few years.

    --
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  7. Re:Free market == monopoly by youngone · · Score: 2

    The tone of your comment makes me think that you regard monoploies as bad, but they're not.
    As everyone knows giving ordinary people choices just makes them confused and angry. Things will be much better when there is only one huge business in America, then no-one will need to be confused or angry when they need some service or product.
    This will also have the benefit that the one company left will not need to employ any political lobbyists, as the senators and congressmen (not to mention the president) will know exactly how to vote, because the laws can be supplied directly by the one company.
    See? That's market efficiency at it's finest.

  8. Re:Free market == monopoly by ArmoredDragon · · Score: 2

    Ah yes, another communistic jab at capitalism. But you and your red comrades are wrong here: Free markets absolutely depend on regulation. Capitalism in general just doesn't work without it. (And as it turns out, neither does communism, in spite of that idiot Marx claiming that it doesn't even need any government.) The problem many have is that some regulations are quite heavy handed. Think about it, if in a free market, people were allowed to just steal from you through securities fraud without any repercussions, you're probably going to have fewer investors that think it is worth the risk, which means your economy will suffer.

    So many of you ...*ahem*...useful...people...like to come around here and make jabs at free markets by doing some kind of a drive by post saying something like well's fargo stealing from their customers is free market at work, get a bunch of high fives from some comrade moderators, and then think you did the world a service by making false assertions about something you couldn't explain if you tried.

    Free market means one thing, and one thing only: Prices are governed only by the forces of supply and demand. That's it.

    So you can put down your rhetoric already. Prices can't be governed by the forces of supply and demand if some entity, whether that is a government, crime organization, or monopoly. Examples of heavy handed regulations are tariffs, which is a form of price control.

    Breaking up monopolies is orthogonal to free markets, what isn't is stopping anti-competitive behavior, or more specifically, behaviors meant to manipulate prices. Even companies that aren't true monopolies can do this, and we do give them the smack-down on occasion. Consider Nintendo, who was exerting tons of upward pressure on video game prices in the 90's, even though they weren't a monopoly. Here's how they pulled that off:
    - They put strict controls on the supply of games that were sold by telling the developers exactly how many they'll produce, and how many games they can publish in a year. Artificially keeping supply low keeps prices higher, effectively being a price control.
    - They forbade developers from also developing on competing consoles, and they told Toys R' Us that if they carried games for any other console, then Nintendo would cut them off from the supply chain. This meant that all of the most popular titles went to the dominant platform, and less to others. This artificially kept the demand for nintendo games higher since they also had more exposure.

  9. Re: Trump surrenders to North Korea by ArmoredDragon · · Score: 2

    In 1978 when the Islamists began attacking the republic of afghanistan because the government was introducing reforms aimed at improving the life of women, increasing education and ironically, removing usury, the Soviet union intervened to protect what most western people would think are better morals.

    No comrade, that's not what happened. USSR invaded Afghanistan because they wanted to turn it into yet another soviet state as they had already been doing since WWII ended. The Afghanis didn't take kindly to that, and killed your fellow comrades, which actually made a decent contribution to what ultimately became end stage communism. You know that camo jacket and AK47 Osama was always sporting in his videos? He took them from a dead Russian general.

    weak and fearful so they began arming the Mujahideen and provided them with support

    Actually we didn't. This is the biggest myth among democrats, communists, and others that never seems to die. Osama bankrolled it himself with his oil money, refusing to have anybody assist other than muslims, referring to the ones sworn to him as mujaheddin (specifically referring to them as "his" mujahedin) whom he never would have allowed to accept support form the US. He did the same thing later to Kuwait when Iraq invaded, saying to them that only muslims should be allowed into what he called arab land (even though his "arab" land belonged to many more than just his race, like Persians, Kurds, Pashtun, Armenians, Azhjerbani, and many more.) Kuwait refused outright and opted for support from the US, which pissed him off, and nobody cared. In the USSR invasion of Afghanistan, the US armed and trained the northern alliance who hated both Osama and his fundamentalist crap alike, the same northern alliance that the US is working with in the modern Afghani war. And yes, the same US that has already lasted a lot longer in Afghanistan than the USSR did.

    Anyways, I'm sorry we helped kill your communist paradise the USSR, I'm sure you loved and now miss the one and only vacation spot that existed in the entire soviet bloc with as much landmass the soviet bloc had that nobody ever wanted to visit, and the community grocery stores that were always out of food...those were your most cherished times...But it couldn't be helped. Gorbachev realized that it was simply impossible to prop up communism any longer, and the iron curtan was rusted and falling apart, so the wall wasn't going to last much longer. He made a bold move by establishing democracy, which the Russians didn't seem to care too much for given they keep electing a former member of the agency that used to terrorize them and now specializes in taking away their rights. Fortunately he, like virtually every other Russian of his time, understands just how shitty communism was, and how things improved for them once it ended, so while he's eroding your freedoms, at least he's not going to lead Russia in to that shitty existence again.