Category Archives: Antitrust Law

Congress Scrutinizing Comcast-TWC

The proposed merger of Comcast and Time Warner Cable, announced last week, is already drawing scrutiny and opposition from members of Congress, The Hill reports.  House Judiciary Committee Chairman Bob Goodlatte (R-VA) and antitrust subcommittee Chairman Spencer Bachus (R-AL) have announced plans to hold an oversight hearing (see press release here).

Senate Judiciary Committee Chairman Patrick Leahy (D-VT) released a noncommittal statement indicating that he would be watching the response of the antitrust authorities and the Federal Communications Commission.  Fellow Senator Al Franken (D-MN), who was quite publicly objected to AT&T’s failed acquisition of T-Mobile, has been far more vocal in his opposition, urging FCC Chairman Wheeler, Federal Trade Commission Chairwoman Ramirez, and Attorney General Holder to oppose further concentration in the industry.

The full article may be found here.

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This Week in Congress

There are no antitrust- or privacy-related hearings in Congress this week.

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Utah Bill Would Protect Incumbent ISPs

ArsTechnica reports that a bill introduced by a Utah state legislator is designed to protect incumbent ISPs from competition from UTOPIA, a 16-municipality consortium that has built out a regional fiber network.  The article notes that the price of a “triple-play” package (Internet, voice, TV) offered by Comcast in Layton, UT, where the company faces no fiber competition, is $242/month at < 10Mbps, whereas the triple-play package offered by Comcast in Provo, UT, where it faces competition from Google Fiber, is $120/month @105Mbps.

The full article may be found here.

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This Week in Congress

There are no antitrust- or privacy-related hearings in Congress this week.

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2014 for McSweeny

The Senate closed for business yesterday without confirming FTC Commissioner nominee Terrell McSweeny.  As no deal was reached between the Democrats and Republicans regarding the bulk of the pending nominees, Ms. McSweeny will have to start the nomination process over again for the second session of the 113th Congress next calendar year.  However, given that she is considered a noncontroversial pick, there is reason to believe that she, along with a number of the other pending nominees from this year, will move quickly through the committee process and be eligible for Senate confirmation before spring.

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Dolphins-Bills Blackout Brings Blowback from Hill

The fact that NFL fans in Buffalo, NY may not be able to watch their Bills take on the Miami Dolphins this Sunday is triggering a strong reaction from Congress.  The NFL requires local broadcast stations to black out games in which the local team is unable to sell out its stadium, and FCC rules prevent other TV stations from showing those games.   (The matchup between the 5-9 Bills and the 8-6 Dolphins is probably of greater interest to Floridians at this point in the season.)

The FCC has taken the first steps towards rescinding its NFL blackout rules, but at least three members of Congress want to go further and permanently eliminate the antitrust exemptions that make the blackouts legal.  Last month, Rep. Brian Higgins (D-NY) (who represents the Buffalo area), Sen. Richard Blumenthal (D-CT), and Sen. John McCain (D-AZ) introduced the Furthering Access and Networks for Sports (FANS) Act that would amend the Sports Broadcasting Act of 1961 to eliminate the antitrust exemptions for local blackouts, prevent blackouts during contract negotiations with broadcasters, and require the NFL to make games available online if they can’t be seen on TV.

On Friday, both Rep. Higgins and Sen. Blumenthal released statements slamming Sunday’s potential blackout, and reiterating the need for their legislation.  The Hill has the full story.

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This Week in Congress

Wednesday, Dec. 18th@2:30 p.m.
“What Information Do Data Brokers Have on Consumers, and How Do They Use It?”

On Wednesday, the Senate Commerce Committee will meet to discuss the data broker industry and how they collect, compile, and sell consumer information for marketing purposes.

Russell 253

There are no antitrust-related hearings in the Senate this week, and the House is out of session.

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McSweeny Confirmation Before Year’s End?

As reported previously on this blog, Terrell McSweeny, voted out of Senate Commerce Committee earlier this fall, remains one step away from confirmation as Commissioner of the Federal Trade Commission, requiring a vote by the full U.S. Senate.  McSweeny is not considered a controversial candidate, and is widely expected to receive bipartisan support.  She will most likely be confirmed by unanimous consent (UC).

Last month, a slate of candidates, which may have included McSweeny, was put together for a UC on the same day that Senator Reid invoked the so-called nuclear option (changing the confirmation requirement to a simple majority).  Republicans objected to the historic rule change, and the UC slate was never voted upon.

On Monday, a slate of UC candidates was again prepared for a vote (which may have included McSweeny). Republicans, still objecting to the change in voting rules, refused to go along, and the nominees never made it to the floor of the Senate.

Since Monday, the Democrats have been invoking the simple majority rules to confirm a handful of high-profile candidates, such as Rep. Mel Watt (D-NC) as the new head of the Federal Housing Finance Agency.

Republicans retain the ability to delay each confirmation vote with 30 hours of debate.  While they may do so with some of the remaining high-profile candidates, a number of Hill observers note that some Republicans have already voted in favor of  the nominees this week, and believe that the Republicans will agree to pass a slate of non-controversial candidate in the final days of voting next week before the Christmas recess, which, again, may include McSweeny.

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This Week in Congress

There are no antitrust- or privacy-related hearings in Congress this week.

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