The Borneo Post

AT&T is trying to undercut the government’s witness in the trial

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WASHINGTON: An economist retained by AT& T took aim at key government arguments last Thursday in the landmark antitrust trial involving Time Warner that’s now in its fourth week.

With the Justice Department’s top anti-trust attorney, Makan Delrahim, looking on from the government’s table, AT& T’s witness claimed that regulators’ economic analysis of the Time Warner deal is “theoretica­lly unsound” and riddled with inaccurate assumption­s.

“The evidence doesn’t support the government’s claim that this transactio­n will harm consumers,” said Dennis Carlton, an economist from the University of Chicago’s Booth School of Business.

His own competing study, he said, found that consumers could end up facing lower prices, not higher.

Carlton’s testimony threatens to undercut that of the government’s own star witness, Carl Shapiro, economist at the University of California, Berkeley.

As Carlton criticised Shapiro’s economic model as “very complicate­d,” US District Court Judge Richard Leon interrupte­d to agree with that descriptio­n. “It’s like a Rube Goldberg contraptio­n,” he said, reflecting scepticism about a core piece of the Justice Department’s case.

Leon welcomed Delrahim into his Washington courtroom. Although the assistant attorney general has occasional­ly shown up to view the proceeding­s, last Thursday marked the first time that he participat­ed in the trial by sitting at the litigators’ table and announcing himself to the court.

“My goodness gracious!” Leon said as Delrahim approached the podium. “Honoured to have you.”

“Honoured to Delrahim replied.

Carlton took aim at a number of what he called “simplifyin­g assumption­s” by Shapiro that invalidate the government’s analysis.

Because Shapiro tried to simulate what would happen if a cable company were unable to air Time Warner’s content for an extended period rather than for only one or two months - as most “blackouts” have been known to last - the model fails to predict anything useful, Carlton said.

“The central element of his model doesn’t apply . . . to this transactio­n,” said Carlton.

Carlton said Shapiro’s analysis also ignored the programmin­g contracts that lock in and help stabilise content prices.

Carlton also highlighte­d significan­t declines in industry be here,” profit margins and subscriber numbers that he said Shapiro overlooked.

Those dynamics, Carlton claimed, mean that AT&T would have less to gain (and rivals would have less to lose) in the event of a programmin­g dispute with Time Warner and another cable company..

What’s more, Carlton said, Shapiro failed to account for the price drops - and thus, benefits to consumers - that would occur in an extended blackout.

Carlton used the example of a dispute between Time Warner and Comcast. — WP-Bloomberg

 ??  ?? Sales staff help customers at the AT&T Retail Store in Manhattan Beach, California, on July 22, 2013. — WP-Bloomberg photo
Sales staff help customers at the AT&T Retail Store in Manhattan Beach, California, on July 22, 2013. — WP-Bloomberg photo

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