FCC and Justice Increasing Merger Review Coordination

Federal Communications Commission Chairman Julius Genachowski announced that FCC staff has begun consultations with staff of the Antitrust Division of the Department of Justice (DOJ) about how the two agencies can apply their different statutory standards to wireless merger divestitures in a more coordinated manner. Because DOJ and FCC have overlapping jurisdiction for review of proposed communication mergers, the two agencies work together when reviewing proposed transactions and have recently taken several steps to strengthen that coordination. This announcement makes clear that divestiture issues will be an important part of this ongoing process.

FCC Commissioner Mignon Clyburn said, "In addition to such increased coordination, I believe it is crucial that specific guidance is provided to both interested buyers and sellers, so that both DOJ's requirements and the FCC's policy goals are satisfied. I look forward to working with the Chairman's Office and staff, on the specific guidance that the FCC should make available to all relevant entities in the divestiture process, to ensure that small businesses and new entrants have a realistic opportunity to purchase communications assets in the future."