Here’s How The Government Handles A Deal Like Comcast/Time Warner Cable

[Commentary] There has been a wave of commentary, most of it negative, about Comcast’s proposed acquisition of Time Warner Cable. Many of the columns and op-eds call for the Federal Communications Commission (FCC) and the Department of Justice to stop the deal, but few have explained the process by which such transactions are reviewed. There are two very different, but related, statutory schemes which apply to deals such as this. Even so, the two jurisdictional agencies, the Department of Justice (DOJ) and Federal Communications Commission (FCC), cooperate very closely, often attending each other’s meetings and sharing documents. It is nonetheless possible, but very unlikely, that one will okay the deal, while the other may not. Comcast, competitors, customers and the public interest community may disagree about many aspects of the proposed acquisition, but they will travel a long road together before the final outcome.