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The Justice Department is suing AT&T to block its $85 billion bid for Time Warner


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mrbill / Flickr)

The Department of Justice sued Monday to block ATT’s $85 billion bid for entertainment conglomerate Time Warner, setting the stage for one of the biggest antitrust cases to hit Washington in decades.

The move by the Justice Department’s antitrust division is unusual because it challenges a deal that would combine two different kinds of companies — a telecom with a media and entertainment company. Antitrust officials are relatively untested in the courts on opposing such deals and have rarely tried to squash them.

If successful, however, the government’s case would send a strong signal across the business world that Washington is no longer looking as kindly on such mergers.

“It may be one of the most important antitrust battles of modern times,” said Gene Kimmelman, a former federal antitrust official and president of Public Knowledge, a consumer advocacy group.

There is also political risk for the Justice Department. Some Democrats have expressed concern that antitrust officials could be seeking to block the deal because the Trump administration has been highly critical of CNN, which is owned by Time Warner – a charge that the department and the White House have denied.

ATT has said it is willing to use the court process to unearth communications between White House and antitrust officials over the case. If such evidence is uncovered, analysts say, ATT could argue that Trump abused his position as president to carry out a politically motivated attack against a private actor.

Beyond his frequent criticisms on CNN, Trump said on the campaign trail that the deal would concentrate control of the media in the hands of too few firms.
The administration’s lawsuit seeks to prevent a deal that would combine ATT — one of the country’s largest providers of Internet and subscription television — with Time Warner’s enormous library of films, HBO, live TV programming and other content.

ATT said it plans to challenge the Justice Department’s suit in court.

“Today’s DOJ lawsuit is a radical and inexplicable departure from decades of antitrust precedent,” said David R. McAtee II, ATT’s general counsel. “Vertical mergers like this one are routinely approved because they benefit consumers without removing any competitor from the market. We see no legitimate reason for our merger to be treated differently.”

Justice officials argued that a combined ATT-Time Warner company could use its power to raise prices on consumers and corporate rivals.

“This merger would greatly harm American consumers,” said Makan Delrahim, the Justice Department’s antitrust chief. “It would mean higher monthly television bills and fewer of the new, emerging innovative options that consumers are beginning to enjoy.”

Filed in the U.S. District Court for the District of Columbia, the government’s complaint accuses ATT’s deal of violating section 7 of the Clayton Act, the nation’s top federal law governing mergers and acquisitions. In making their argument, antitrust officials pointed to what they said were ATT’s earlier criticisms of Comcast’s purchase of NBCUniversal in 2011, a similar type of deal involving a content company and a content distributor.

Back then, ATT argued that allowing Comcast to merge with NBC Universal would give the combined company the ability to use programming to hinder competition, antitrust officials said.

The Justice Department cited ATT’s control over DirecTV, which it bought in 2015, as a reason why the current deal raised even more concerns than Comcast’s.

“We concluded [the ATT tie-up] was even more harmful than the Comcast-NBC matter,” said a DOJ official, speaking on condition of anonymity in order to discuss internal agency deliberations.

But in a press conference Monday, ATT disputed the account of the antitrust officials, saying that it had not commented on the Comcast NBCUniversal merger, adding that it was DirecTV, not ATT, that had made those arguments before the two companies combined.

Still, some critics, such as the premium cable channel Starz, have argued that a merged ATT-Time Warner conglomerate could force rival television networks to raise their prices, providing an incentive for viewers to subscribe to HBO or other channels that ATT would own.

Consumer advocates said ATT could withhold Time Warner’s content from other TV and Internet providers. Consumers could then be compelled to switch to ATT’s services from those of Comcast or Verizon to get Time Warner shows and movies.

ATT’s chief executive, Randall Stephenson, has said such a move would not make sense for its business, since the company would want to ensure that its content is consumed by as many people as possible.

DOJ’s lawsuit reflects a potential turning point in antitrust enforcement. The government has rarely brought legal complaints against mergers or acquisitions involving companies that do not directly compete. Instead, it has preferred to impose enduring conditions on a combined company to make sure it behaves in competitive ways.

But Delrahim, who was nominated by President Trump and confirmed by the Senate in September, largely rejects the use of so-called “behavioral” remedies to address potentially anti-competitive tie-ups.

“That approach is fundamentally regulatory, imposing ongoing government oversight on what should preferably be a free market,” Delrahim said in a recent speech to the American Bar Association. The antitrust division, he continued, is likely to return to applying “structural” changes to problematic mergers that force two merging companies to sell off assets.

In a closed-door meeting in Washington earlier this month, antitrust officials told ATT executives that the acquisition would fail to pass regulatory muster unless the company agreed to spin off some properties, such as either Turner Broadcasting or its DirecTV service.

ATT responded that it has no intention of making any major divestments, according to multiple people who spoke on condition of anonymity to discuss the private discussions.

DOJ’s suggestion to ATT that it sell Turner Broadcasting was interpreted by some executives and analysts as a veiled attempt by the White House to punish CNN for its critical reporting on the Trump administration.

Even beyond the politics surrounding the case, the Justice Department may not have an airtight economic argument against the ATT-Time Warner deal, some analysts said.

“DOJ isn’t that great when it actually has to go to trial to block mergers, and the jurisprudence on blocking vertical deals is bad for any case the government would bring,” said Robert McDowell, a former commissioner on the Federal Communications Commission, referring to the lack of precedent for a successful lawsuit against deals involving firms in different industries.

If ATT ultimately wins the case, it would be allowed to close its deal with Time Warner without needing to divest any assets or make other concessions to government regulators — dealing Delrahim a major blow early in his tenure, according to Rich Greenfield, an industry analyst at BTIG. But, he added, losing the case could give Trump a stronger argument against media consolidation.

“We could envision President Donald Trump saying ‘Fake Courts’ and taking the populist approach that he tried and failed to stop big media from getting bigger,” said Greenfield in a research note last week.

 

Asked multiple times, White House spokesman refuses to clarify if Trump has unendorsed Roy Moore

On ABC’s This Week Sunday morning, George Stephanopoulos drilled White House Director of Legislative Affairs Marc Short for answers as to whether President Trump still supports Alabama Senate candidate Roy Moore in the wake of multiple allegations of sexual abuse and misconduct. At least half a dozen times, Short dodged blatant yes-or-no questions, leaving room for Trump to be satisfied if Moore ends up winning the special election next month.

Short started the interview by hanging his hat on the “if true” caveat — that Trump would believe the allegations are disqualifying only if they were somehow proven to be true. As the White House has said on other occasions, Trump is essentially washing his hands of it by leaving it up to the people of Alabama to decide.

But Stephanopoulos was unsatisfied with these responses and pressed Short to clarify whether Trump actually believes the women who have made accusations against Moore. “Obviously, George, if he did not believe the women’s accusations were credible, he would be down campaigning for Roy Moore. He has not done that. He has concerns about the accusations,” Short said. The implication seemed to be that Trump’s lack of campaigning should be seen as a condemnation of Moore.

But then Short immediately began defending Moore too. “But he’s also concerned that these accusations are 38 years old, Roy Moore has been in public service for decades, and the accusations did not arise until a month before the election,” he continued. “So we’re concerned about several aspects of the story; we’re very concerned about the allegations, but at this point, as I’ve said, we think it’s best for the people of Alabama to make the decision for them.”

Stephanopoulos pointed out that Short still had not actually answered whether Trump believes the women, but Short insisted that he had. As the back-and-forth continued, Stephanopoulos asked Short several times to clarify with yes-or-no answers about Trump’s ongoing support for Moore and whether he believes the accusers, but Short could not provide those simple answers, again leaning on the people of Alabama.

Eventually, Stephanopoulos asked whether it would be the “right decision” if the people of Alabama did, in fact, elect Moore. “I think that the right decision will be what the people of Alabama decide,” Short replied.

Before the allegations came to light, Trump openly supported Moore, having quickly endorsed him after he won the Republican primary. When asked about Moore’s many controversial opinions, such as past support for criminalizing homosexuality and barring Muslims from serving in Congress, Trump dodged the question, crediting the people of Alabama for liking Moore.

Short’s waffling responses reflect comments White House Press Secretary Sarah Huckabee Sanders made Friday when she defended Trump for attacking Sen. Al Franken (D-MN) over allegations against him, despite having called his own accusers liars and not similarly attacking Moore. “I think in one case specifically, Senator Franken has admitted wrongdoing. The president hasn’t. It a very clear distinction,” she explained, seeming to pin liability on specific admissions of guilt. She also went on to say that Moore could still sue his accusers, a point that Short echoed Sunday.

It’s also not a new tactic for Trump to defer to the states to avoid taking a side on a controversial issue. Over the course of his campaign, for example, Trump’s position on transgender rights (which Moore notably opposes) slowly shifted from indifferent support to “hopefully the states will make the right decisions.” Just like the equivocating over the allegations against Moore, Trump said at one point, “I don’t view it as civil rights or not civil rights.” By relying on ambiguous language and deferring responsibility to other decision-makers, Trump attempts to play both sides of the issue while still holding out for an outcome that benefits him.

In this case, if Moore wins, Trump stands to gain by holding onto a Republican seat in the Senate, while creating the appearance that he’s not standing by someone accused of sexual abuse. When Stephanopoulos asked Short if Trump would work with Moore as a Senator, Short confirmed, “The president works with all members of Congress. That’s his role.”


Robert Mugabe, in Speech to Zimbabwe, Refuses to Say if He Will Resign

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In a 20-minute speech to the African nation on Sunday night, President Robert G. Mugabe, flanked by members of the military, refused to say whether he would resign after nearly 40 years in power.Published OnNov. 19, 2017CreditImage by Ben Curtis/Associated Press

By

Nov. 19, 2017

HARARE, Zimbabwe — Robert Mugabe, 93, who ruled Zimbabwe with an iron grip until the military placed him under house arrest last week, stunned the nation on Sunday night by refusing to say whether he would resign.

Many political observers and fellow Zimbabweans had been expecting Mr. Mugabe to step down as president after nearly 40 years in power. But the embattled president gave a 20-minute televised speech that acknowledged problems in the nation — and he vowed to soldier on.

“The era of victimization and arbitrary decisions” must end, Mr. Mugabe said while sitting at a table, flanked by members of the military and other officials, including a priest.

He also declared that he would preside over his governing party’s congress in a few weeks. “I will preside over its processes, which must not be prepossessed by any acts calculated to undermine it or to compromise the outcomes in the eyes of the public,” he said.

Observers questioned how Mr. Mugabe could oversee the congress if he was no longer leader of the party: His address came hours after he was expelled as leader of his party, ZANU-PF, which gave him until noon on Monday to resign or face impeachment by Parliament.

Party officials earlier on Sunday also removed his wife, Grace Mugabe, as head of the ZANU-PF Women’s League and barred her from the party for life. So were Jonathan Moyo, Zimbabwe’s minister of higher and tertiary education; and Saviour Kasukuwere, the minister of local government. Mr. Mugabe’s second vice president, Phelekezela Mphoko, who had served for three years, was fired.

Mrs. Mugabe, who had amassed wealth and power in the party and was her husband’s likely successor, has not been seen in public since Wednesday.

The military takeover in Zimbabwe is just the latest in a long history of government overthrows. Here are several types of coups perpetrated by rogue operators.Published OnNov. 17, 2017CreditImage by Malin Palm/Reuters

ZANU-PF appointed her rival, Emmerson Mnangagwa, the vice president previously fired by the president, to take Mr. Mugabe’s place as leader of the party.

The harsh rebuke by the party’s central committee came after emergency talks to address the political crisis. Under the Constitution, Mr. Mugabe remains president despite the party’s expulsion.

Announcing the decision on Sunday, Patrick Chinamasa, the party’s secretary for legal affairs, said that Mr. Mugabe “hereby is recalled as first secretary and president of the ZANU-PF party.”

“He is therefore asked to resign forthwith,” Mr. Chinamasa said. “In the event that the resignation would not have been tendered by midday 20th of November, 2017, the ZANU-PF chief whip was ordered to issue proceedings for the removal of the president.”

Cheers and dancing broke out in the building after the decision to expel Mr. Mugabe as party leader.

“There is a case at the end!” a group of youths chanted after storming an open space outside ZANU-PF headquarters.

Many Western news outlets had alerted the world to a pending resignation, citing confidential sources. But it was not to be — at least in the speech on Sunday night.

Mr. Mugabe made the rambling address to the southern African nation about 9 p.m. local time after intense negotiations at the State House with Army generals over the conditions for his departure, the state broadcaster reported.

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President Robert Mugabe of Zimbabwe met with military leaders in Harare, Zimbabwe, on Sunday.CreditAssociated Press

Among the men sitting off to the side during Mr. Mugabe’s speech was Constantino Chiwenga, the very Army commander who had placed him under house arrest. Mr. Mugabe spoke haltingly but deliberately, sometimes repeating phrases and appearing to lose his place among the pages before him. He alluded to the military takeover and his talks with the generals.

“I as the president of Zimbabwe and their commander in chief do acknowledge the issues they have drawn my attention to,” he said, “and do believe that these were raised in the spirt of honesty and out of deep and patriotic concern for the stability for our nation and for the welfare of our people.”

Among the issues discussed was the economy, which, Mr. Mugabe allowed, was “going through a difficult patch.” He later said the government would unveil business and entrepreneurial programs to help the economy.

“Today’s meeting with the command element has underscored the need for us to collectively start processes that return our nation to normalcy,” he said, “so all our people can go about their business unhindered, in an environment of perfect peace and security.”

As his speech came to a close, he invoked a “wartime mantra.” He then said, “I thank you, and good night.” Then he shook the hands of the men who had appeared on camera with him.

Some Zimbabweans reacted to the speech with disgust. Trevor Ncube, an entrepreneur and newspaper publisher, said on Twitter: “Robert is finished,” adding, “He is likely to be impeached. Worst speech ever.”

On Saturday, thousands of Zimbabweans took to the streets to celebrate the autocratic ruler’s apparent downfall after the military seized control on Wednesday but was careful not to call it a coup. The military said it wanted to target the criminals around Mr. Mugabe who had pillaged the country’s economy.

Once respected as a liberation icon who went into exile after fighting colonial rule, Mr. Mugabe had become isolated from fellow party officials. Zimbabwe’s only leader since the country gained independence from Britain in 1980, he had faced little opposition from the party rank and file.

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Zimbabweans prayed for the spiritual redemption of President Robert Mugabe, during a Christian rally in Harare on Sunday.CreditBen Curtis/Associated Press

But on Saturday, even his fellow veterans of the fight for independence joined the march of tens of thousands of Zimbabweans who danced sang with joy at the prospect of Mr. Mugabe’s rule ending.

On Sunday, Mr. Mugabe met for a second round of talks with the generals to negotiate a dignified departure, the state-run broadcaster said. A Catholic priest, Fidelis Mukonori, mediated.

Last week, a majority of the party’s leaders recommended that Mr. Mugabe should be expelled. In a resolution, they said he should be removed for taking the advice of “counterrevolutionaries and agents of neo-imperialism”; for mistreating his vice president, Mr. Mnangagwa; and for encouraging “factionalism.”

They urged the “immediate and unconditional reinstatement” of Mr. Mnangagwa, at least until the national elections scheduled for next year. On Sunday, the leaders put force behind their recommendations.

The party elevated Mr. Mnangagwa, 75, to the role of party leader and nominated him as its sole presidential candidate for the 2018 elections — a position that the committee said would be confirmed by the party’s congress in December.

Mr. Mnangagwa’s firing had positioned Mr. Mugabe’s wife to succeed him as president, but it appears to have been an overreach that singled out an erstwhile ally with strong support from the military.

The vice president, however, is seen as no salve for a nation facing steep unemployment and crumbling public infrastructure. Critics accuse him of being politically ruthless. He is also unpopular in parts of the country.

He lost his parliamentary seat at least twice, once after being accused of firebombing his opponent’s house, according to an editor of The Zimbabwean newspaper.

Norimitsu Onishi contributed reporting.

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