AT&T-Time Warner District Court Opinion Poses a Conundrun For Appeal, Moss Tells National Journal

Diana Moss was quoted in the July 15, 2018 National Journal story AT+T-Time Warner Appeal Sends Shot Across Comcast’s Bow.

The opinion is full of skewed fact-specific findings, errors, inconsistencies, and unbalanced treatment of the defendant s and plaintiff s evidence, said Diana Moss, the president of the American Antitrust Institute.

 But there s also some risk in the government s strategy. If the DOJ loses on appeal, then all of the bad stuff in the District Court opinion could be more entrenched in the case law, Moss said.

 And in the unlikely event that AT&T successfully appeals a loss to the Supreme Court, Moss said the conservative justices now presiding there could make it even harder to halt a vertical deal.