Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

A Comparison of the DOJ and FCC Merger Review Processes: A Practitioner’s Perspective

By Alexander Maltas, Tony Lin & Robert Baldwin on September 14, 2016
Email this postTweet this postLike this postShare this post on LinkedIn

Several recent high-profile mergers in the communications industry have faced scrutiny from multiple U.S. federal agencies.  These transactions, both successful and unsuccessful, have drawn attention to the process by which the U.S. government approves or blocks mergers and acquisitions in the communications and broadband Internet industries.  Parallel investigations by both the Federal Communications Commission and U.S. Department of Justice highlight the similarities and differences between their respective merger review processes.

While the agencies analyze transactions simultaneously and in consultation with each other, each agency follows different standards and processes for their reviews, and can pursue different remedies.  At the outset, DOJ focuses on a deal’s effects on competition, while the FCC applies a more expansive public interest standard.  Investigations by DOJ are non-public, though the agency may seek input confidentially from parties to the transaction and other industry participants.  The FCC’s process, however, actively seeks public engagement.  And if either agency decides to challenge a transaction, each has a unique range of remedies to deploy.

Companies that understand these distinctions and strategize accordingly can reduce the pain of this dual-track process, maximize their efficiency in responding to the agencies, and possibly improve their likelihood of success.  This article, by Hogan Lovells attorneys, explains the similarities and differences in more depth.

Photo of Alexander Maltas Alexander Maltas
Read more about Alexander MaltasEmail
Photo of Tony Lin Tony Lin
Read more about Tony LinEmail
  • Posted in:
    Antitrust, Competition and Trade, Communications, Media & Entertainment
  • Blog:
    Global Media and Communications Watch
  • Organization:
    Hogan Lovells
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo