Merger Review By The Federal Communications Commission PDF Download
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Author | : Kathleen Ann Ruane |
Publisher | : |
Total Pages | : |
Release | : 2008 |
Genre | : |
ISBN | : |
Download Merger Review Authority of the Federal Communications Commission Book in PDF, ePub and Kindle
This report will explain the merger review process at the Federal Communications Commission (FCC or Commission). Whenever companies holding licenses issued by the FCC wish to merge, the merging entities must obtain approval from two federal agencies: the Department of Justice (DOJ) and the FCC. The Commission and the DOJ do not follow precisely the same process or reasoning when examining the potential effects of proposed mergers. The Act permits the Commission to grant the transfer only if the agency determines that the transaction would be in the public interest. The public interest standard is generally broader than the competition analysis authorized by the antitrust laws and conducted by the DOJ. Therefore, the Commission possesses greater latitude to examine other potential effects of a proposed merger beyond its possible effect on competition in the relevant market.
Author | : Kathleen Ann Ruane |
Publisher | : |
Total Pages | : 0 |
Release | : 2008 |
Genre | : |
ISBN | : |
Download Merger Review Authority of the Federal Communications Commission Book in PDF, ePub and Kindle
This report will explain the merger review process at the Federal Communications Commission (FCC or Commission). Whenever companies holding licenses issued by the FCC wish to merge, the merging entities must obtain approval from two federal agencies: the Department of Justice (DOJ) and the FCC. The Commission and the DOJ do not follow precisely the same process or reasoning when examining the potential effects of proposed mergers. The Act permits the Commission to grant the transfer only if the agency determines that the transaction would be in the public interest. The public interest standard is generally broader than the competition analysis authorized by the antitrust laws and conducted by the DOJ. Therefore, the Commission possesses greater latitude to examine other potential effects of a proposed merger beyond its possible effect on competition in the relevant market.
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition |
Publisher | : |
Total Pages | : 96 |
Release | : 2000 |
Genre | : Business & Economics |
ISBN | : |
Download The Antitrust Merger Review Act Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 6 |
Release | : 2009 |
Genre | : Consolidation and merger of corporations |
ISBN | : |
Download Merger Review Authority of the Federal Communications Commission Book in PDF, ePub and Kindle
Author | : Christopher S. Yoo |
Publisher | : |
Total Pages | : 0 |
Release | : 2020 |
Genre | : |
ISBN | : |
Download Merger Review by the Federal Communications Commission Book in PDF, ePub and Kindle
The Communications Act of 1934 created a dual review process in which mergers in the communications industry are reviewed by the Federal Communications Commission (FCC) as well as the antitrust authorities. Commentators have criticized dual review not only as costly and redundant, but also as subject to substantive and procedural abuse. The process of clearing the 2011 Comcast-NBC Universal merger provides a useful case study to examine whether such concerns are justified. A review of the empirical context reveals that the FCC intervened even though the relevant markets were not structured in a way that would ordinarily raise anticompetitive concerns. In addition, the FCC was able to use differences between its review process and that used by the Justice Department to extract concessions from the merging parties that had nothing to do with the merger and which were more properly addressed through general rulemaking. Moreover, the use of voluntary commitments also allowed the FCC to avoid subjecting certain aspects of its decision to public comment and immunized it from having to offer a reasoned explanation or subjecting its decision to judicial review. The aftermath of the merger provides an opportunity to assess whether the FCC's intervention yielded consumer benefits.
Author | : |
Publisher | : |
Total Pages | : 220 |
Release | : 2000 |
Genre | : |
ISBN | : |
Download 106-1 Hearing: The Antitrust Merger Review Act: Accelerating FCC Review Of Mergers, S. Hrg. 106-405, April 13, 1999 Book in PDF, ePub and Kindle
Author | : J. Gregory Sidak |
Publisher | : |
Total Pages | : 10 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download Foxes in the Henhouse Book in PDF, ePub and Kindle
Although the Department of Justice and the Federal Trade Commission (FTC) review proposed mergers, in mergers involving communications businesses the Federal Communications Commission (FCC) decides whether it would serve the public interest for the acquired firm to transfer its operating licenses to the acquiring firm. This public-interest discretion has become problematic because the FCC has repeatedly set conditions for merger approval that satisfy private pressure groups with economic or social agendas, yet are irrelevant to defending consumers from the consequences of increased market power.A current example of this phenomenon is the proposed merger of XM and Sirius, the only two satellite radio companies holding FCC licenses for radio spectrum. The firms have an incentive to accept costly new regulation-for example, a requirement that the combined systems set aside channels for educational programming or offer programming on an agrave;-la-carte basis-as the price of merger approval. Such concessions, however, are not relevant to the antitrust laws, where the concern is whether the merger will create monopoly power. Redistributing income to influential political constituencies does nothing to answer the question of whether the merger will harm consumers, who form the constituency that should matter most to the FCC.Congress should remove the FCC's power to impose conduct remedies as a condition of approving a merger. Alternatively, Congress should require that the Tunney Act apply to conduct remedies imposed by the FCC in mergers, such that a federal district court would independently review whether merger conditions adequately addressed the specific harm to competition that the FCC alleged in the merger order.
Author | : Seung Eun Lee |
Publisher | : |
Total Pages | : 348 |
Release | : 2005 |
Genre | : |
ISBN | : |
Download Policy Framework in Telecommunications Mergers and Acquisitions Book in PDF, ePub and Kindle
ABSTRACT: In most industries, a proposed merger that is likely to raise anti-competitive concerns is subject to a regulatory approval from federal antitrust law enforcement agencies, such as the Department of Justice (DOJ) or the Federal Trade Commission (FTC). In the telecommunications and the electronic media industries, merging companies have the additional burden of obtaining regulatory approval of the Federal Communications Commission (FCC). In other words, a proposed merger in the telecommunications and the media industries usually requires dual review by both a federal antitrust agency (i.e., the DOJ/FTC) and a sector-specific regulatory authority (i.e., the FCC).
Author | : United States. Federal Communications Commission. Office of Inspector General |
Publisher | : |
Total Pages | : 69 |
Release | : 2018 |
Genre | : Consolidation and merger of corporations |
ISBN | : |
Download Allegations of Improprieties Related to the Commission's Review of the Merger Between Sinclair Broadcast Group, Inc. and Tribune Media Company Book in PDF, ePub and Kindle
Author | : Laura Kaplan |
Publisher | : |
Total Pages | : 39 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download One Merger, Two Agencies Book in PDF, ePub and Kindle
Mergers in the telecommunications industry are unique because they are reviewed by not one, but two federal agencies. Mergers in most industries are subject only to antitrust review by the Department of Justice (DOJ). Telecommunications mergers, however, are also subject to review by the Federal Communications Commission (FCC) under its flexible public interest standard. This system of dual review causes delay, redundancy, and a perversion of antitrust and telecommunications law. This note examines the system of dual review through the lens of the AT&T/T-Mobile merger, proposed and eventually abandoned in 2011. After outlining the historical development and statutory authority for dual review, the note demonstrates how dual review altered the DOJ's typical burden structure in an attempt to block the AT&T/T-Mobile merger. Finally, the note presents a proposal for reform, arguing that significantly limiting the scope of the FCC's review and holding this review to a strict time limit is the best solution.