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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The US District Court for the District of Columbia seeks behavioral remedies before approving a joint-venture to prevent exclusionary conduct in the online video distribution and video programming markets (Comcast / NBC Universal)
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