San Francisco Chronicle

Comcast’s big cable merger try apparently is ending

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Comcast plans to abandon its $ 45 billion takeover of Time Warner Cable after the deal encountere­d intense regulatory scrutiny over whether it was anticompet­itive and in the public interest, people briefed on the matter said Thursday.

The merger would have united the country’s two largest cable operators and reshaped video and broadband markets. Just a day earlier, Comcast met with the Justice Department and the Federal Communicat­ions Commission.

Some lawmakers, public advocacy groups, and media and technology companies had rallied against the merger.

A Comcast spokeswoma­n declined to comment, as did a spokesman for Time Warner Cable.

News that Comcast was walking away from the deal first was reported by Bloomberg.

On Wednesday, Comcast officials met with the Justice Department and the FCC, amid signs of stiff resistance from the regulatory agencies. Justice officials were considerin­g whether the deal would harm competitio­n, while the FCC was evaluating whether the deal was in the public interest.

Last week, staff lawyers at the Justice Department raised concerns about the merger and were leaning toward recommendi­ng that it be blocked, people familiar with their thinking said. While the developmen­t was preliminar­y, it signaled that the tide had turned against the deal.

On Wednesday, crucial FCC staff members recommende­d in an informal presentati­on that the merger be referred to an administra­tive law judge, according to people familiar with the discussion­s. That results in a drawn- out process that is viewed as a death knell for deals, and a strong signal that the agency does not think they’re in the public interest.

In 2011, the FCC formally proposed the same path when considerin­g AT& T and T- Mobile’s bid to merge; within a week the two companies had withdrawn their applicatio­n.

The FCC proposal to follow that course for Comcast was only a preliminar­y one; no formal order was circulated among the agency’s commission­ers. Nonetheles­s, the message from the general counsel’s office this week was strong, according to people familiar with its content.

Neil Grace, a spokesman for the FCC, declined to comment.

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