New York Post

Prof’s call: Feds will head off AT&T merger

- By JOSH KOSMAN jkosman@nypost.com

Maybe AT&T’s $85 billion merger with Time Warner is in trouble, after all.

Herbert Hovenkamp, a prominent Wharton professor known as the “dean of American antitrust law,” says he believes that President Trump’s Justice Department will likely succeed in blocking the controvers­ial deal.

That’s in contrast to many legal pundits, who have said the DOJ’s case looks weak amid accusation­s that Trump is trying to bust up the merger because of a longstandi­ng beef with Time Warner’s CNN channel.

“To me, it is a close call, but I think the government has met its burden,” Hovenkamp told The Post in his first public comments about the case since a trial wrapped up last month.

Specifical­ly, Hovenkamp says he believes the DOJ has done enough to prove that AT&T and Time Warner could boost their profits by raising prices for customers if they merged. AT&T owns DirecTV, while Time Warner also owns HBO and Cartoon Network.

“It has nothing to do with proving their intent,” said Hovenkamp, who has written more than a dozen books on antitrust law and isn’t working on either side of the landmark case.

The government’s economic witness, Cal-Berkeley professor Carl Shapiro, testified that AT&T could charge higher fees for Time Warner’s Turner Broadcasti­ng to cable companies, costing customers as much as 45 cents a month extra on their monthly bills.

Washington, DC, Judge Richard Leon has said he will hand down his decision by June 12.

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