Thursday, May 31, 2007

Report: XM/Sirius Merger Violates Antitrust Laws

It certainly won’t come as a surprise, but the NAB-hired international law firm of Crowell & Moring, which specializes in antitrust law, has prepared a 12-page analysis of the proposed satellite radio merger of XM and Sirius and has tagged it as “clearly anticompetitive.”

In conclusion, the report sent to lawmakers and filed with the FCC says, "The proposed merger would replace this duopoly market structure, set up specifically by the FCC to ensure at least some level of price and service competition, with a monopolist in the downstream subscription market... that is unrestrained in its ability to harm competition. There simply is no ‘fix’ that will restore the competitive structure of this marketplace, and thus DOJ should challenge the transaction to preserve existing and future competition."

By Mike Boyle - radioandrecords.com
To read the 12-page NAB memo, click here.

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