To me, DOJ basically is arguing that old time cable companies (MVPDs) are struggling because they now have to rely on live programming and special programming to compete with Netflix and Amazon Prime (SVODs). Rather than explaining how this makes Netflix and Amazon Prime weaker, DOJ focuses on the competition between and among MVPDs. I believe AT will be able to argue all day in the court that the real threat isn’t MVPDs but the new gigantic internet companies like Amazon which deliver programming directly to its huge customer base.DOJ could have weakened AT potential defense by showing how the combined entity could harm a Netflix subscriber, but then we know the answer to that.
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