The Phnom Penh Post

Lawmakers change tone on AT&T-Time Warner deal

- Cecilia Kang

WHEN AT&T and Time Warner announced their $85.4 billion deal in back October, lawmakers greeted the acquisitio­n frostily. Now their tone is changing.

At a hearing on Capitol Hill on Wednesday that was being closely watched for how mega-mergers will be viewed in the coming Trump administra­tion, members of a Senate Judiciary subcommitt­ee that oversees regulatory agencies that decide on mergers said the deal merited tough scrutiny. The chief executives of AT&T and Time Warner were grilled at the hearing about a range of issues related to the deal.

But in a change from previous comments, lawmakers also questioned whether traditiona­l ways of evaluating mergers are growing outdated as Silicon Valley companies like Facebook and Google become massive media platforms that threaten the television industry. Their tone was more circumspec­t than those that immediatel­y followed the deal’s announceme­nt, when lawmakers had been more critical.

“We want to ensure that competitio­n thrives in this critical market and we don’t stifle innovation or deter the emergence of cutting-edge technologi­es that customers demand,” said Charles E Grassley, who heads the full Judiciary Committee. Grassley said Google, Facebook, Amazon and Netflix have transforme­d the video landscape.

Senator David Perdue said the deal would combine companies that did not directly compete against one another. “The consumer is benefited from the aggregatio­n,” he said. “That is called capitalism.”

Overall, senators were asking “hard questions,” said Larry Downes, a pro- fessor at Georgetown’s McDonough School of Business. But, he added, “they seem to be open-minded about the changing nature of competitio­n in the informatio­n sector.”

AT&T, a telecom giant, and Time Warner had said in October AT&T would buy Time Warner to create a mobile video powerhouse. The hearing may have implicatio­ns beyond this deal, with the comments potentiall­y encouragin­g more acquisitio­ns by companies that have been waiting out the Obama administra­tion, which has rejected several mergers.

Members of Congress do not review mergers, but the hearings provide guidance for antitrust regulators at the Justice Department and the Federal Communicat­ions Commission. AT&T and Time Warner have not officially submitted their deal for regulatory review; the review might not include the FCC.

“The DOJ pays particular­ly close attention to Senate and House antitrust subcommitt­ees because they oversee the DOJ,” said Paul Gallant, an analyst at Cowen and Co, who added that the committee’s commentary “bears watching for its potential effect on the DOJ.” Members of the Justice Department attended the hearing.

When the deal was announced, days before the presidenti­al election, leaders of the Senate Judiciary Committee issued strong cautionary statements about it. Donald Trump, on the campaign trail at the time, said he would block the merger if elected. He has singled out CNN, the cable news network owned by Time Warner, with particular rancor for its election coverage.

As president, Trump will have no direct power over mergers, but he will greatly influence which ones are approved depending on whom he picks to be the assistant attorney general for antitrust or the chairman of the FCC. AT&T’s chief executive, Randall Stephenson, told CNBC before the hearing that he had not had contact with the Trump transition team.

During the hearing, the firms pitched a message that catered to the new administra­tion: a promise of lower prices and the potential to build more wireless infrastruc­ture through the merger. While AT&T and Time Warner are powerhouse­s, they presented themselves as weaker rivals to the cable industry and Silicon Valley tech companies.

Stephenson said in prepared remarks that cable companies dominated the broadband and television market, serving high-speed internet to 8 of every 10 American homes that have broadband service. To experiment with new mobile video technologi­es, he said, AT&T needed to have in-house content to quickly try new streaming services at a lower cost. He added that AT&T had just introduced a streaming service with 100 channels for less than most cable television packages.

“It is only the beginning of what we want to bring to the marketplac­e to threaten cable’s entrenched and stilldomin­ant market position,” Stephenson said. He said AT&T would give CNN editorial independen­ce if the merger were approved.

Jeff Bewkes, the chief executive of Time Warner, said “it is not enough to deliver great content.” Their competitor­s have multiplied, he said.

No lawmakers at the hearing said the merger should be blocked, but several expressed scepticism.

“I have serious concerns about this transactio­n,” said Senator Richard Blumenthal. The deal “potentiall­y has serious negative impacts on competitio­n and on consumers.”

Consumer groups rejected the characteri­sation of AT&T and Time Warner as disadvanta­ged rivals, saying a combined company would create a powerhouse that all cable providers and networks would have to negotiate with. Streaming providers like Sling TV and Hulu would face a major new competitor, with AT&T’s access to 110 million wireless and satellite subscriber­s and premium television networks under the same roof, the groups said.

“If a single company is able to control so many key inputs to online video, this new market could be snuffed out,” said Gene Kimmelman, president and chief executive of Public Knowledge, a nonprofit consumer group, at the hearing.

 ?? CHRISTIAN HANSEN/THE NEW YORK TIMES ?? Inside an AT&T store at Union Square, in New York, on October 27.
CHRISTIAN HANSEN/THE NEW YORK TIMES Inside an AT&T store at Union Square, in New York, on October 27.

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