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

7 Pages Posted: 8 Feb 2011 Last revised: 5 Jan 2014

Jonathan B. Baker

American University - Washington College of Law

Date Written: February 5, 2011

Abstract

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.

Keywords: vertical mergers, exclusion, foreclosure

JEL Classification: K21, K23, L40

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

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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