The US DoJ seeks conduct remedies prior to approving a joint venture in order to prevent exclusionary conduct in the markets for online video distribution and video programming (Comcast / NBC Universal)

The Federal Communication Commission’s recent decision to allow the transaction between Comcast and General Electric’s NBC Universal (NBCU) affiliate to proceed subject to conditions [1] helped to fill a gap in the contemporary treatment of vertical mergers. The existence of this gap was dramatized for me when, in drafting an antitrust casebook section on vertical mergers, I was unable to find a judicial opinion that assimilated the economic learning and antitrust commentary on exclusionary conduct from the last quarter-century. [2] The FCC is not a court but is an independent agency, like the Federal Trade Commission, that issues adjudicative decisions concerning acquisitions within its jurisdiction based on an administrative record. [3] The FCC evaluates transactions under a public

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  • American University’s Washington College of Law (Washington)

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Jonathan Baker, The US DoJ seeks conduct remedies prior to approving a joint venture in order to prevent exclusionary conduct in the markets for online video distribution and video programming (Comcast / NBC Universal), 1 September 2011, e-Competitions Bulletin September 2011, Art. N° 53271

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