New York Post

Justice in rehab

Brings back Shapiro to save AT&T trial

- By JOSH KOSMAN jkosman@nypost,com

President Trump’s Department of Justice gave its expert witness a second chance on Tuesday to make a convincing case against AT&T’s proposed $85 billion buyout of CNN-owner Time Warner.

Earlier in the trial, Carl Shapiro was embarrasse­d by Judge Richard Leon, who referred to his testimony on modeling cable price increases as a “Rube Goldberg” contraptio­n — meaning it was unbelievab­ly, excessivel­y complicate­d.

The return of Shapiro — a University of California, Berkeley, professor — included plenty of theatrics, and what at least some AT&T supporters see as another embarrassi­ng gaffe.

The government asked Shapiro to rebut AT&T’s expert witness.

The bespectacl­ed academic started out well in re- plying — saying Time Warner cherry-picked the worst numbers to make it look as though prices would not rise by much.

But it went south from there, according to reports.

AT&T lawyer Dan Petro- celli got Shapiro to admit that the economist didn’t know that poll results cited during the trial were changed to show AT&T’s potential blackout power was greater than it actually is.

The poll showed 10 per- cent of DirecTV subscriber­s thinking of switching to Charter Communicat­ions would stick with DirecTV should AT&T black out Turner content from Charter

The poll result was changed from 6 percent just before Charter agreed to testify at the trial, Petrocelli said, to make the effect of a potential blackout more potent.

Shapiro has testified to the 10 percent — and said he didn’t know the earlier result was 6 percent.

At one point, Shapiro said Petrocelli, who often kept his suit jacket buttoned during the trial, had good flair, but that he stood by his numbers, according to Bloomberg.

On Thursday, both the Justice Department and AT&T lawyers will reconvene — and Shapiro may or may not be called to further testify.

Closing arguments are slated for next week.

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