Skip to main content

Defining Relevant Markets for Mergers and Acquisitions Involving Communications Services

Harold Furchtgott-Roth & Jeffrey Li

Over the past twenty years, the Federal Communications Commission and the Department of Justice have reviewed many mergers in the communications sector. Without quantitative analyses, the federal agencies have consistently defined unchanging separate relevant markets for wireline and wireless services for antitrust reviews. The agencies have incentives not to change relevant market definitions, although both new technologies and aggregate data likely support new relevant market definitions. A contemporary relevant market definition may include both wireline and wireless services.

View PDF

Related Articles

The Pro-Consumer Agenda at the FCC

Harold Furchtgott-​Roth

The American consumer wants a free and open Internet. That is precisely why FCC Chairman Ajit Pai is reviewing rules that put bureaucrats, not ...

Continue Reading

A Communications Reform Priority: Curtailing FCC Ancillary Jurisdiction under Telecom Act § 706

Arielle Roth

Despite the FCC’s 2016 legal victory in US Telecom Association v. FCC, the protracted battle over federal network neutrality rules persists...

View PDF

Ajit Pai Could Bring Consistency Back to the FCC

Harold Furchtgott-​Roth

As chairman, Ajit Pai could limit the FCC to just what is clearly in statute. The agency would still retain vast powers. ...

Continue Reading