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Discussion Starter · #1 ·
Here is a reply I got from the Bureau of Competition at the

Federal Trade Commission in response to my letter saying I was for the merge.
Thank you for your email communication about the possible combination of

DirecTV and Dish Network . We have found that comments and questions from

interested individuals like you are an important source of information

about the state of competition in the marketplace. This information helps

us determine our law enforcement priorities and so we always appreciate

hearing from the public.

As you may know, the Hart-Scott-Rodino ("HSR") Act (18 U.S.C. Section 18A)

requires participants in certain proposed mergers and acquisitions to

report the transaction in advance to the FTC and Department of Justice to

enable antitrust review. Section 18A(h) of the statute requires the

enforcement agencies generally to keep confidential all information

submitted under this process, including the fact of the filing itself, so

we are legally forbidden from commenting in most instances on pending or

possible transactions.

We can, however, provide some general information about the factors that

the Commission and its staff may consider in order to determine whether a

particular acquisition may violate the antitrust laws. They include the

degree to which firms in one business compete with firms in similar

businesses or in the same business in adjacent geographic areas; the level

of concentration in the relevant product and geographic market, and the

increase in concentration as a result of the acquisition; the timeliness

and likelihood of competition from new entrants, which may enter the

market in response to supracompetitive price increases or other

anticompetitive behavior, and the extent to which such entry may

counteract any anticompetitive effects of the acquisition; the likelihood

of coordinated interaction among the firms remaining in the market or the

unilateral exercise of market power by the merged firm; and the creation

of any efficiencies that may counteract any lessening of competition.

Ultimately, we seek to identify and challenge mergers that may

substantially lessen competition, resulting in higher prices, reduced

quality, or reduced service to customers.

In addition, you may want to look at our publication, Promoting

Competition, Protecting Consumers: A Plain English Guide to Antitrust

Laws, if you have not seen it already. Many consumers have found this to

be very informative. You can find this publication at
http://www.ftc.gov/bc/compguide/index.htm. The section dealing with

mergers, which you can find at
http://www.ftc.gov/bc/compguide/mergers.htm, may be of particular interest

to you. Finally, the FTC and the Department of Justice have published

guidelines which spell out in detail how we go about analyzing mergers

under the antitrust laws. You can find these guidelines at

We can assure you that the Commission and Commission staff are committed

to identifying and challenging anticompetitive practices that result in

higher prices, reduced quality, or reduced services to consumers, and will

examine thoroughly the likely effects of all mergers that have the

potential of bringing about those results. We hope you find this

information useful. Again, we appreciate your taking the time to contact


Bureau of Competition

Federal Trade Commission

Washington, D.C. 20580
What do you guys think. At least it seems like they care what I think.


2,082 Posts
Just what you said. It seems like they care what you (we) think. My guess is they will do what they want without real consideration as to whether it is a good thing or not. I would love to be proved wrong on this but after all it is a government agency. I personally think the merger can be a good thing because I agree with Charlie that satellite competes in the multichannel entertainment market not necessarily just the satellite market.
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