ACLP Comments Regarding the Charter/Cox Merger

The ACLP recently filed comments with the FCC regarding the proposed merger of Charter Communications and Cox. Those comments are available here. (The ACLP timely filed the comments with the FCC by the October 6 deadline. However, because of the government shutdown, the comments likely will not be posted by the FCC until the day after the government reopens.)

In its comments, the ACLP recommended swift approval of the transaction without conditions. This recommendation was based on a thorough examination of the competitive marketplace within which this transaction has been proposed and the myriad public interest benefits that the merged entity will deliver to consumers and the overall economy.

The ACLP ended its comments with the following:

“In sum, the pro-competitive and pro-consumer impacts of the proposed transaction make clear that the merger will further the public interest. In addition, given the intensely competitive nature of the advanced communications marketplace, there does not appear to be any need to attach conditions to the proposed transaction. The merger will not harm consumers or the competitive dynamics of the market. Instead, the merger comes in response to competitive pressure from intermodal rivals and insatiable consumer demand for all-things broadband. The merger is thus positioned to enhance – not hinder – competition.

As such, those who attempt to argue that the proposed merger is anticompetitive or that it will harm consumers or that conditions are necessary to address specific harms that might arise post-merger face a very high bar for proving their case. In the absence of compelling real-world data highlighting specific harms to competition – i.e., that the merger will undermine competition, or reverse the years-long downward trend in broadband prices or dampen the continued uptick in broadband speeds – the FCC should move swiftly to approve this transaction without conditions.”