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DOJ Seeks Lessons from AT&T-Time Warner’s Arbitration Offer

March 26, 2019, 4:33 PM

The Justice Department’s antitrust division is strategizing ways to better address companies’ arbitration agreements in its future scrutiny of mergers, heeding lessons from its legal battle with AT&T Inc.

AT&T and Time Warner’s last minute inclusion of “baseball style” arbitration — offered to other cable companies to settle fee disputes — was challenging for the DOJ to overcome as it sued to block their deal, Andrew Finch, the DOJ’s principal deputy assistant attorney general, said March 26 at an event.

“One thing we are thinking about is what that means for future cases because it shouldn’t be the case that ...