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The US FTC imposes a host of conduct remedies, regulating business operations and reporting obligations, to prevent the exclusion of other competitors resulting from a vertical merger in the internet and cable industries (AOL / Time Warner)

AFTER THE PUBLICATION OF OUR article, Antitrust Review of New Economy Acquisitions, in the Fall 2000 issue of this magazine, the federal antitrust authorities continued to leave their mark on the developing new economy. Two subsequent consent decrees—AOL-Time Warner [1] and WorldCom-Intermedia [2]— raised network effects and foreclosure concerns in new economy transactions but imposed substantially different remedies to address perceived competitive concerns. FTC Imposes Broad Conduct Relief in AOL-Time Warner Proposed Consent.On December14, 2000, a unanimous Federal Trade Commission accepted for public comment a provisional consent decree permitting the $113 billion acquisition of Time Warner Inc. by America Online Inc. to proceed. The ordered relief marks a significant departure from

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Authors

  • Wachtell Lipton Rosen & Katz (New York)
  • Hogan Lovells (Washington)

Quotation

Ilene Gotts, Joseph G. Krauss, The US FTC imposes a host of conduct remedies, regulating business operations and reporting obligations, to prevent the exclusion of other competitors resulting from a vertical merger in the internet and cable industries (AOL / Time Warner), 17 April 2001, e-Competitions Bulletin US Mergers in IT, Art. N° 53267

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