//  11/30/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie has an interview with antitrust expert Lina Khan, Director of Legal Policy of the Open Markets Institute, about the lawsuit filed by the Trump Administration to block the proposed AT&T/Time Warner merger. 

Charlie and Lina first discuss the background of antitrust law and the mechanics of how the Department of Justice reviews mergers for antitrust concerns. Lina then explains the difference between vertical and horizontal mergers and explains why vertical mergers like the one here are typically not a major antitrust concern. They then get into the nitty gritty of this deal and discuss why the communications sector is unique, why this deal may be problematic, and whether this lawsuit may have been motivated by the President's expressed animus toward CNN, which is owned by Time Warner. They end with a discussion of whether it's valid to oppose the Administration's actions on the grounds that DOJ is doing the right thing for the wrong reasons.

As usual, you can listen online below, and subscribe here with any podcast player or here in iTunes.

Please share or provide feedback, and rate us in iTunes. You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. 

Links

  • The government's press release about its case against the merger is here. The complaint itself is here.
  • Eric Citron's commentary on the DOJ lawsuit is here, at Take Care.
  • Lina's excellent article about Amazon in the Yale Law Journal is here.

President Trump's Assault on the Antiquities Act

12/5/17  //  Commentary

On Monday, President Trump announced that his administration was taking dramatic action to reduce the size of two national monuments in Utah. The President’s announcement is out of step with historical use of the Antiquities Act.

Complicity and Speech: The Right’s New Effort to Rewrite the First Amendment

12/4/17  //  In-Depth Analysis

Conservative legal activists have pushed a sweeping view of the First Amendment’s protection against compelled speech. These new complicity claims should fail.

Trump’s Newest Attack on the Rule of the Law

12/4/17  //  Commentary

Trump isn’t just reckless, and he doesn’t just seem to think he is above the law. He has an authoritarian’s hostility to the very idea of a principled inquiry into the truth.

David Sklansky

Stanford Law School