Ownership

The House Communications Subcommittee was in agreement that more needed to be done to boost minority media ownership, but Republican members focused more on what they said broadcasters and cable operators were already doing to address the issue. The hearing, "Lifting Voices: Legislation to Promote Media Marketplace Diversity", looked at various bipartisan bills to promote more diversity data collection and analysis at the Federal Communications Commission and provide more access to capital. 

T-Mobile’s attempt to buy Sprint and close the deal faced another setback when US District Judge Timothy Kelly extended his Tunney Act review of the Department of Justice settlement into mid-February. He said he would consider friend-of-the-court briefs on the proposed transaction. The briefs must be limited to 20 pages and filed by January 24, with the parties responding by February 7. “We had initially expected this routine review to end in mid-November.

The Federal Trade Commission – with the Department of Justice – issues draft Vertical Merger Guidelines for public comment. I concur in this action, which allows the Agencies to gather and consider input from the public before the Guidelines are finalized. As a more general matter, I also concur with the decision to update and replace the outdated 1984 Non-Horizontal Merger Guidelines.

The 1984 Non-Horizontal Merger Guidelines should be rescinded, as they represent an antiquated, narrow, and overly permissive mode of thinking that is not reflective of today’s economy or the current approach to enforcement. The US economy is far different than it was forty years ago. Increasing concentration, declining new firm formation, and other market trends necessitate a modernization of vertical merger review. The draft guidelines miss the mark.

I cannot join my colleagues in voting to release these proposed Vertical Merger Guidelines for public comment and instead abstain. I come to this decision with some reluctance because I believe the 1984 Non-Horizontal Guidelines should be rescinded and rewritten and because I recognize the utility of public comments.

As we enter the third decade of the 21st century—the digital century—it is time for the public interest to reassert itself. Thus far, the digital entrepreneurs have been making the rules about the digital economy. Early in this decade, We the People must reassert a visible hand on the tiller of digital activity. Will public policy intervene to protect personal privacy? Can our leaders act to preserve the idea of a competition-based economy?

Anger toward big technology companies has led to multiple antitrust investigations, calls for a new federal data privacy law and criticism of the companies’ political ad policies. Perhaps no issue about the tech companies, though, has united lawmakers in the Capitol like the decimation of local news. Lawmakers from both parties blame companies like Facebook and Google, which dominate the online ad industry. Senate Majority Leader Mitch McConnell (R-KY) gave a big boost to a bill that may provide some papers a lifeboat.

The Department of Justice withdrew the 1984 DOJ Non-Horizontal Merger Guidelines, and, together with the Federal Trade Commission, released new draft 2020 Vertical Merger Guidelines and seek public comment. The draft guidelines, open to comment for 30 days, describe how the federal antitrust agencies review vertical mergers to evaluate whether the mergers violate antitrust law.

Almost six months after Facebook agreed to a $5 billion settlement of privacy violations, the issue is anything but settled. The deal with the Federal Trade Commission announced in July to settle allegations that Facebook broke its promises to protect users’ privacy is still under review by a federal judge, who has been weighing objections from opponents who believe the deal is inadequate.