Steve Salop

[Commentary] Recently, US District Judge Richard Leon raised the question of whether an arbitration condition would be enough to address the potential harms from the AT&T-Time Warner merger. This proposal would create a mechanism where both sides in a fee dispute concerning Time Warner programming would present a rate to a third-party arbitrator, who would pick the one that was more reasonable. AT&T-Time Warner would not be permitted to take channels off the air and cut the distributor off from its content during the arbitration process.