Comcast/NBCU: The FCC Provides a Roadmap for Vertical Merger Analysis

Jonathan B. Baker

American University - Washington College of Law

February 5, 2011

The FCC’s analysis of the Comcast-NBCU transaction fills a gap in the contemporary treatment of vertical mergers by providing a roadmap for courts and litigants addressing the possibility of anticompetitive exclusion. The FCC identified the factors any judicial or administrative tribunal would likely consider today in analyzing whether a vertical merger would lead to anticompetitive input or customer foreclosure, and a range of economic methods potentially relevant to applying that template to the facts of a transaction. Notwithstanding the difference between administrative adjudication under a public interest standard and judicial decision-making under the Clayton Act, the legal framework and economic studies the Commission employed promise to influence the approach that antitrust tribunals will now take in evaluating vertical mergers.

Number of Pages in PDF File: 7

Keywords: vertical mergers, exclusion, foreclosure

JEL Classification: K21, K23, L40

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Date posted: February 8, 2011 ; Last revised: January 5, 2014

Suggested Citation

Baker, Jonathan B., Comcast/NBCU: The FCC Provides a Roadmap for Vertical Merger Analysis (February 5, 2011). Available at SSRN: https://ssrn.com/abstract=1755683 or http://dx.doi.org/10.2139/ssrn.1755683

Contact Information

Jonathan B. Baker (Contact Author)
American University - Washington College of Law ( email )
4300 Nebraska Avenue, NW
Washington, DC 20016
United States
202-274-4315 (Phone)
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