Moss Explains to The Street Why Behavioral Remedies in Merger Cases Are Difficult for the Government to Enforce

Diana Moss was quoted in the November 9, 2017 The Street story Trump’s Demand That AT&T Sell CNN Puts CEO Stephenson in Hot Seat.

“If the DOJ is moving to negotiate a remedy, they clearly have serious concerns about the anti-competitive effects of putting together content with distribution,” Diana Moss , president of the American Antitrust Institute said in a phone interview. “If you create a vertically-integrated entity, that could make it harder for rival content providers to get to market and get access to customers.”

 In the case of Comcast-NBCUniversal, the DOJ approved the transaction with so-called behavioral conditions that require Comcast to keep its broadband operations at arm’s length from its television and film studios. Monitoring such behaviors often proves too difficult for government agencies, Moss argued.