DOJ Says Judge Ignored ‘Economics, Common Sense’ in Allowing AT&T-Time Warner Deal (Updated)

The Justice Department argued that US District Judge Richard Leon ignored “fundamental principles of economics and common sense” when he allowed AT&T to acquire Time Warner. The department’s appellate brief, filed with the US Court of Appeals for the District of Columbia Circuit, argued Judge Leon’s ruling was “clearly erroneous in light of the evidence presented at trial.” The government brief argued Judge Leon’s contrary conclusion came about because he “discarded the economics of bargaining” and failed to apply “the foundational principle” that corporations will aim to maximize their profits.

Update from Politico:

District Judge Richard Leon sought from the very beginning of the trial to keep President Donald Trump and his vocal opposition of the deal out of his courtroom. The case, he said, was not about politics — even though company lawyers suggested early on that the White House may have influenced the Justice Department’s decision to block the transaction. Judge Leon reiterated that position to attorneys before AT&T CEO Randall Stephenson, former Time Warner CEO Jeff Bewkes and John Stankey, the head of AT&T’s mobility and entertainment business, took the stand. "So I'm stating the obvious here, but I figure it's probably smarter to caution you all. I don't want the direct or the cross of this witness, the next three witnesses, to in any way focus on or slide into political machinations and discussions. I don't want to hear about, you know, ‘We think this president is against this.’ This isn't relevant; it's got nothing to do with this case,” Judge Leon said. Attorneys for both sides agreed. “If the witness, for whatever reason, starts going into that, he's going to get cut off,” Judge Leon declared.