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Book part
Publication date: 18 March 2014

James Keyte, Paul Eckles and Karen Lent

In 2009, the Third Circuit decided Hydrogen Peroxide, which announced a more rigorous standard under Federal Rule of Civil Procedure 23(b)(3) for assessing whether a…

Abstract

In 2009, the Third Circuit decided Hydrogen Peroxide, which announced a more rigorous standard under Federal Rule of Civil Procedure 23(b)(3) for assessing whether a putative class could establish antitrust injury. Earlier this year, the Supreme Court decided Comcast v. Behrend, a case that carries potentially broad implications for both antitrust cases and Rule 23(b)(3) class actions generally. A review of the case law starting with Hydrogen Peroxide and continuing through Comcast and its progeny reveals the new rigor in antitrust class action decisions and suggests what the future may hold, including the type of arguments that may provide defendants the most likely chance of defeating class certification. After Comcast, rigor under 23(b)(3) can no longer be avoided in assessing all class actions questions, and courts should now apply Daubert fully in the class setting concerning both impact and damages. Courts should also closely evaluate plaintiffs’ proposed methodologies for proving impact to determine if they apply to each class member. Finally, courts will inevitably have to determine how rigorously to scrutinize experts’ damages methodologies and whether Comcast requires or suggests more scrutiny in assessing common evidence for measuring damages.

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The Law and Economics of Class Actions
Type: Book
ISBN: 978-1-78350-951-5

Keywords

Case study
Publication date: 20 January 2017

L. J. Bourgeois, Nicholas Goodman and John O. Wynne

In December 2001, after a six-month process of vying for AT&T's Broadband, the president of cable operator Comcast Corporation, had just received word that Comcast's…

Abstract

In December 2001, after a six-month process of vying for AT&T's Broadband, the president of cable operator Comcast Corporation, had just received word that Comcast's $72-billion offer had won the auction. Comcast, the cable industry's third-largest operator, would merge with industry leader AT&T Broadband to form a company with more than $20 billion in revenue and an unparalleled distribution (a presence in 22 of the nation's top 25 markets). Now the presidents of both companies began to consider their post-merger integration strategies. What was important and how should they prioritize their activities? How could they get all stakeholders to understand the rationale for the deal and its business goals and excited about the new AT&T Comcast?

Details

Darden Business Publishing Cases, vol. no.
Type: Case Study
ISSN: 2474-7890
Published by: University of Virginia Darden School Foundation

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Book part
Publication date: 18 March 2014

Michael D. Hausfeld, Gordon C. Rausser, Gareth J. Macartney, Michael P. Lehmann and Sathya S. Gosselin

In class action antitrust litigation, the standards for acceptable economic analysis at class certification have continued to evolve. The most recent event in this…

Abstract

In class action antitrust litigation, the standards for acceptable economic analysis at class certification have continued to evolve. The most recent event in this evolution is the United States Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1435 (2013). The evolution of pre-Comcast law on this topic is presented, the Comcast decision is thoroughly assessed, as are the standards for developing reliable economic analysis. This article explains how economic evidence of both antitrust liability and damages ought to be developed in light of the teachings of Comcast, and how liability evidence can be used by economists to support a finding of common impact for certification purposes. In addition, the article addresses how statistical techniques such as averaging, price-dispersion analysis, and multiple regressions have and should be employed to establish common proof of damages.

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The Law and Economics of Class Actions
Type: Book
ISBN: 978-1-78350-951-5

Keywords

Book part
Publication date: 18 March 2014

Joshua P. Davis

This article responds to James Keyte, Paul Eckles, and Karen Lent’s article “From Hydrogen Peroxide to Comcast: The New Rigor in Antitrust Class Actions” (“The New Rigor

Abstract

This article responds to James Keyte, Paul Eckles, and Karen Lent’s article “From Hydrogen Peroxide to Comcast: The New Rigor in Antitrust Class Actions” (“The New Rigor”). It argues that The New Rigor offers valuable strategic advice to defense counsel – and insight into defense counsel’s strategic thinking – but is much less effective as an objective statement of the law or a normative argument for legal reform. In the parlance that I adopt, The New Rigor succeeds in the role of coach but much less so in the roles of commentator and critic.

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The Law and Economics of Class Actions
Type: Book
ISBN: 978-1-78350-951-5

Keywords

Abstract

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Disruptive Activity in a Regulated Industry
Type: Book
ISBN: 978-1-78973-473-7

Executive summary
Publication date: 27 February 2018

UNITED STATES:Comcast is a better fit than Fox for Sky

Details

DOI: 10.1108/OXAN-ES230044

ISSN: 2633-304X

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Geographic
Topical
Book part
Publication date: 27 November 2017

K. C. Chen, Hideharu Funahashi and Nicole Warmerdam

On May 18, 2014, AT&T Inc., the second-biggest U.S. mobile-phone carrier, agreed to acquire DirecTV, a satellite-television company, for $49 billion in cash and stock…

Abstract

On May 18, 2014, AT&T Inc., the second-biggest U.S. mobile-phone carrier, agreed to acquire DirecTV, a satellite-television company, for $49 billion in cash and stock. However, the merger’s conditions and terms are complicated as the stock exchange ratio is contingent on the volume-weighted average AT&T stock price over a 30-day period that is three trading days prior to the date when the merger becomes effective.

Using a contingent claims pricing approach, we model DirecTV’s theoretical value based on the merger’s conditions and terms. It is shown that the theoretical DirecTV stock value is analogous to the sum of the present value of a cash offer, plus owning shares of the AT&T stock, and short volume-weighted average price (VWAP) call spreads. Using three different option-pricing models, DirecTV’s stock valuation model is tested with the market data. Empirical results show that on average, DirecTV’s stock was consistently priced at a discount during the sample period, and Funahashi and Kijima’s (2017) VWAP option model works better than Black and Scholes’ (1973) plain vanilla option model and Levy’s (1992) average-price option model.

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Growing Presence of Real Options in Global Financial Markets
Type: Book
ISBN: 978-1-78714-838-3

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Book part
Publication date: 3 February 2015

D. K. Malhotra, Rashmi Malhotra and Kathleen T. Campbell

As cable and satellite industry undergoes transformation in the 21st century with the onslaught of innovation-driven changes, it is important to know which company is…

Abstract

As cable and satellite industry undergoes transformation in the 21st century with the onslaught of innovation-driven changes, it is important to know which company is doing better and which company is falling behind. This study compares the relative performance of eight cable companies using three factors: operating expense for every dollar of operating revenue, earnings before interest, taxes, depreciation, and amortization, and return on assets. We also evaluate the performance of each firm against itself for the period 2010–2013 to see if they show improvement or deterioration in operating efficiency.

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Applications of Management Science
Type: Book
ISBN: 978-1-78441-211-1

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Article
Publication date: 5 June 2019

Kalpana Tyagi

This paper aims to underscore how the digitization of content and the convergence in the telecommunications sector has prompted a wave of consolidation between telecom and…

Abstract

Purpose

This paper aims to underscore how the digitization of content and the convergence in the telecommunications sector has prompted a wave of consolidation between telecom and content players.

Design/methodology/approach

Using interdisciplinary insights from competition policy and business strategy, the paper draws attention to the interplay between business model innovation and merger control in the converged telecoms sector.

Findings

Technological innovation and business model innovation led to the emergence of over-the-top (OTT) services. This innovation in turn led to two key effects, first, successful commercialization of content and the emergence of the “smart pipes” that in turn has led to the second effect, which is increased mergers and acquisitions (M&As) in the converged telecommunications sector. Emergence of OTT with big data as a key advantage challenged the strategy and business models of the more established players, such as the AT&T, Time Warner, Liberty Global and Fox, which in turn led to the current trend of M&As in the sector.

Originality/value

This paper makes the following key contributions to the literature on M&As between the fixed/mobile and content players. First, it elucidates how the existing market players can benefit from competition policy, such as merger remedies to enter new and related markets. Second, it advocates that the US and the European competition authorities while assessing these M&As, take due account of innovation in business models, as business model innovation not only promotes innovation in the market but also enhances consumer welfare, considering that it offers the merged firm economies of scale and scope to offer better-quality goods and services at subsidized prices.

Book part
Publication date: 18 March 2014

Kevin W. Caves and Hal J. Singer

In antitrust class-action litigation, courts are increasingly unlikely to accept the presumption that all class members were harmed by price-fixing among a group of firms…

Abstract

In antitrust class-action litigation, courts are increasingly unlikely to accept the presumption that all class members were harmed by price-fixing among a group of firms or by exclusionary behavior by a single firm. Econometric methods typically applied in antitrust and other settings estimate the average effect of the challenged conduct, but do not inform impact for individual class members. We present classwide econometric methods and statistical tests for detecting the existence (or lack thereof) of common impact and determining what proportion (if any) of the proposed class suffered injury in many class actions. We conclude that econometric tools can meaningfully inform the legal process, even when courts demand proof of common impact.

Details

The Law and Economics of Class Actions
Type: Book
ISBN: 978-1-78350-951-5

Keywords

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