Cites partial government shutdown, Justice advice
Justice Department’s amicus brief reiterates anti-trust standard, but doesn’t say judge aired in dismissing Viamedia’s $75 million suit in August
Had signaled first-ever such digital price-fixing case was imminent
Talks up need for divestitures in combos of distribution and programming in all but 'rare' cases
Justice continues to maintain merger violates antitrust
Say lower court was wrong to disallow discovery on 'selective enforcement'
Says burden of proving lower court error is insurmountable
U.S. District Court Judge Richard Leon rejected the U.S. Justice Department’s efforts to block AT&T’s acquisition of Time Warner.
Says district court erred in discounting government citation of AT&T, DirecTV filings
Recommends not allowing company to do common carrier business in U.S.
Says court has authority to implement flexible fix
Says they are concerned deal "may lessen competition or harm consumers"