\n
AT&T\u2019s proposed $85-billion purchase of Time Warner Inc. is encountering stiff resistance from the U.S. Department of Justice, which is pressuring the companies to sell Time Warner\u2019s news channel, CNN, to win approval of the deal.<\/p>\n
The opposition \u2014 which some analysts called \u201cunprecedented\u201d \u2014 threatens to scuttle a massive media deal and could trigger a titanic court battle if the Justice Department sues AT&T to block its purchase of Time Warner.<\/p>\n
The Justice Department has told AT&T that it wants it to divest Time Warner\u2019s Turner Broadcasting unit \u2014 which includes CNN, Cartoon Network, TBS, TNT and Turner Classic Movies. Another option would be to unload AT&T\u2019s satellite television unit, DirecTV, people familiar with the matter said.<\/p>\n
\u201cThis has become political,\u201d said one person close to the situation who was not authorized to comment. \u201cIt\u2019s all about CNN.\u201d<\/p>\n
Even before he was elected president, Trump was a critic of the deal. He also has made no secret of his disdain for CNN, calling the 24-hour channel \u201cfake news.\u201d<\/p>\n
But a demand to require the companies to divest assets, perhaps in part because of unflattering news coverage, would take Trump\u2019s objections about CNN to a new level.<\/p>\n
\u201cThis \u2026 would be unprecedented as DOJ\u2019s deal review process historically has been quite apolitical and based purely on competitive considerations,\u201d Barclays Capital media analyst Kannan Venkateshwar said in a research report.<\/p>\n
AT&T, which is unwilling to give up key assets, is preparing for a legal fight. It is expected to argue that opposition to the deal is politically motivated.<\/p>\n
Demands to choose between keeping CNN and the other Turner assets \u2014 or keeping DirecTV \u2014 would undermine AT&T\u2019s rationale for combining mobile phone service, television distribution and content.<\/p>\n
AT&T spent $49 billion two years ago to buy El Segundo-based DirecTV to expand its reach into television distribution. Now, AT&T wants to own content because it anticipates that viewers will increasingly watch news and entertainment on mobile phones and tablets \u2014 a core element of its business. AT&T has no plans to barter CNN.<\/p>\n
\u201cI have never offered to sell CNN and have no intention of doing so,\u201d Randall Stephenson, AT&T chairman and CEO, said Wednesday.<\/p>\n
In a statement, the Justice Department said it \u201cis committed to carrying out its duties in accordance with the laws and the facts. Beyond that, the department does not comment on any pending investigation.\u201d<\/p>\n
For months, the Dallas-based telecommunications giant has been confidently predicting that it would finalize the takeover of Time Warner by year\u2019s end. It has lined up the financing needed to complete the blockbuster deal.<\/p>\n
But on Wednesday, AT&T Chief Financial Officer John Stephens stunned Wall Street when he acknowledged there could be a delay.<\/p>\n
\u201cWe are in active discussions with the [Department of Justice]. \u2026 I can’t comment on those discussions,\u201d Stephens said Wednesday morning at an investor conference. \u201cBut \u2026 I can now say that the timing of the closing of the deal is now uncertain.\u201d<\/p>\n
Stephens\u2019 remarks were AT&T\u2019s first public admission that the deal might be in trouble. The Financial Times first reported the Justice Department was pressuring Time Warner to sell CNN. The news channel has repeatedly provoked the ire of Trump with its coverage of him, his administration and the investigation into alleged Russian meddling in the 2016 presidential election.<\/p>\n
In July, Trump even sent a Twitter message that contained an edited video of himself wrestling and punching a man whose head was obscured by CNN’s logo.<\/p>\n
Company insiders privately have dismissed Trump\u2019s tweets about CNN as being irrelevant to the legal process.<\/p>\n
AT&T first unveiled its deal in October 2016, when Trump was still a presidential candidate. At the time, he said his administration would block a merger between the two behemoths, saying the combination would concentrate too much \u201cpower in the hands of too few.\u201d<\/p>\n
AT&T was a top contributor to Trump\u2019s inauguration festivities.<\/p>\n
For a while, it looked like the review process was proceeding smoothly. But the picture changed when the Senate in late September approved Trump\u2019s pick to be the new chief of the Justice Department\u2019s antitrust division, Makan Delrahim, following a lengthy delay.<\/p>\n
After Delrahim took office, the merger review process stalled. In a speech in late October, Delrahim suggested he did not favor imposing conditions on mergers that require the government to monitor a company\u2019s behavior. Instead, he said he prefers \u201cstructural\u201d changes to a deal, such as selling assets.<\/p>\n
But legal experts say the government may have a difficult time proving the merger violates anti-trust laws.<\/p>\n
\u201cIt\u2019s not uncommon for the Justice Department to put conditions on a merger,\u201d said Herbert Hovenkamp, an antitrust expert at the University of Pennsylvania Wharton School of Business. \u201cBut it makes no sense at all to try to shut down a media merger because of news coverage.\u201d<\/p>\n
What\u2019s more, Hovenkamp said, the Justice Department doesn\u2019t have the authority to stop a merger. The government must persuade a federal judge that the proposed tie-up would harm competition and consumers. The burden would be on the department to demonstrate that its case would have a strong chance of succeeding.<\/p>\n
Delrahim \u201ccan\u2019t just go into a U.S. District court and ask for an injunction by saying \u2018Trump doesn\u2019t like CNN, so we have to shut down this merger,\u2019\u201d Hovenkamp said.<\/p>\n
Analysts have long argued there was no precedent for the Justice Department to block the AT&T\/Time Warner merger because it was a \u201cvertical\u201d deal, where the businesses are different, as opposed to a \u201chorizontal\u201d transaction, where the assets overlap.<\/p>\n
\u201cBlocking a vertical deal would be quite unprecedented and would in our opinion have a high likelihood of being struck down in court,\u201d Venkateshwar said.<\/p>\n
The Justice Department and the Federal Communications Commission in 2011 approved a similar media merger \u2014 Philadelphia cable company Comcast’s purchase of NBCUniversal \u2014 by attaching numerous requirements to make sure Comcast didn\u2019t use its media assets to squeeze competitors.<\/p>\n
Delrahim has given mixed signals regarding the At&T\/Time Warner deal. \u201cJust the sheer size of it and the fact that it\u2019s media I think will get a lot of attention,\u201d Delrahim said in an interview with a Canadian broadcaster in October 2016, long before he was nominated. \u201cHowever, I don\u2019t see this as a major antitrust problem.\u201d<\/p>\n
Consumer groups, some TV networks and some conservative groups have criticized the transaction, saying it would give AT&T too much clout and lead to higher costs for cable and satellite TV companies and consumers.<\/p>\n
\u201cThis is a lousy deal that would raise prices and give AT&T way too much power,\u201d said Craig Aaron, chief executive of the advocacy group Free Press. \u201cThe Justice Department should reject it.\u201d<\/p>\n
Time Warner shares dropped 6.5%, to close at $88.50. AT&T shares rose 1.1% to $33.44.<\/p>\n
meg.james@latimes.com<\/p>\n
Twitter: @MegJamesLAT<\/p>\n
Times staff writer Lauren Raab and the Associated Press contributed to this report.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/aside>\n<\/div>\n
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\u00a0Los Angeles Times<\/strong><\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"
AT&T’s purchase of Time Warner had been expected to close by the end of 2017. (Saul Loeb and Stan Honda \/ AFP\/GettyImages) AT&T\u2019s proposed $85-billion purchase of Time Warner Inc. is encountering stiff resistance from the U.S. Department of Justice, which is pressuring the companies to sell Time Warner\u2019s news channel, CNN, to win approval […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"ocean_post_layout":"","ocean_both_sidebars_style":"","ocean_both_sidebars_content_width":0,"ocean_both_sidebars_sidebars_width":0,"ocean_sidebar":"","ocean_second_sidebar":"","ocean_disable_margins":"enable","ocean_add_body_class":"","ocean_shortcode_before_top_bar":"","ocean_shortcode_after_top_bar":"","ocean_shortcode_before_header":"","ocean_shortcode_after_header":"","ocean_has_shortcode":"","ocean_shortcode_after_title":"","ocean_shortcode_before_footer_widgets":"","ocean_shortcode_after_footer_widgets":"","ocean_shortcode_before_footer_bottom":"","ocean_shortcode_after_footer_bottom":"","ocean_display_top_bar":"default","ocean_display_header":"default","ocean_header_style":"","ocean_center_header_left_menu":"","ocean_custom_header_template":"","ocean_custom_logo":0,"ocean_custom_retina_logo":0,"ocean_custom_logo_max_width":0,"ocean_custom_logo_tablet_max_width":0,"ocean_custom_logo_mobile_max_width":0,"ocean_custom_logo_max_height":0,"ocean_custom_logo_tablet_max_height":0,"ocean_custom_logo_mobile_max_height":0,"ocean_header_custom_menu":"","ocean_menu_typo_font_family":"","ocean_menu_typo_font_subset":"","ocean_menu_typo_font_size":0,"ocean_menu_typo_font_size_tablet":0,"ocean_menu_typo_font_size_mobile":0,"ocean_menu_typo_font_size_unit":"px","ocean_menu_typo_font_weight":"","ocean_menu_typo_font_weight_tablet":"","ocean_menu_typo_font_weight_mobile":"","ocean_menu_typo_transform":"","ocean_menu_typo_transform_tablet":"","ocean_menu_typo_transform_mobile":"","ocean_menu_typo_line_height":0,"ocean_menu_typo_line_height_tablet":0,"ocean_menu_typo_line_height_mobile":0,"ocean_menu_typo_line_height_unit":"","ocean_menu_typo_spacing":0,"ocean_menu_typo_spacing_tablet":0,"ocean_menu_typo_spacing_mobile":0,"ocean_menu_typo_spacing_unit":"","ocean_menu_link_color":"","ocean_menu_link_color_hover":"","ocean_menu_link_color_active":"","ocean_menu_link_background":"","ocean_menu_link_hover_background":"","ocean_menu_link_active_background":"","ocean_menu_social_links_bg":"","ocean_menu_social_hover_links_bg":"","ocean_menu_social_links_color":"","ocean_menu_social_hover_links_color":"","ocean_disable_title":"default","ocean_disable_heading":"default","ocean_post_title":"","ocean_post_subheading":"","ocean_post_title_style":"","ocean_post_title_background_color":"","ocean_post_title_background":0,"ocean_post_title_bg_image_position":"","ocean_post_title_bg_image_attachment":"","ocean_post_title_bg_image_repeat":"","ocean_post_title_bg_image_size":"","ocean_post_title_height":0,"ocean_post_title_bg_overlay":0.5,"ocean_post_title_bg_overlay_color":"","ocean_disable_breadcrumbs":"default","ocean_breadcrumbs_color":"","ocean_breadcrumbs_separator_color":"","ocean_breadcrumbs_links_color":"","ocean_breadcrumbs_links_hover_color":"","ocean_display_footer_widgets":"default","ocean_display_footer_bottom":"default","ocean_custom_footer_template":"","ocean_post_oembed":"","ocean_post_self_hosted_media":"","ocean_post_video_embed":"","ocean_link_format":"","ocean_link_format_target":"self","ocean_quote_format":"","ocean_quote_format_link":"post","ocean_gallery_link_images":"on","ocean_gallery_id":[],"footnotes":""},"categories":[49],"tags":[],"class_list":["post-2025","post","type-post","status-publish","format-standard","hentry","category-world","entry"],"yoast_head":"\n
AT& T won't sell CNN despite pressure from Trump's Justice Department<\/title>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\t\n\t\n\t\n