Five Things Makan Delrahim Has Said About Antitrust Policy
The Justice Department's antitrust chief is facing questions about his independence amid reports that the DOJ could force AT&T to sell CNN when and if its deal with Time Warner is approved.
November 09, 2017 at 04:56 PM
4 minute read
![](http://images.law.com/contrib/content/uploads/sites/398/2017/11/Makan-Delrahim-Article-201711092147.jpg)
The top Justice Department official in charge of antitrust has been at the agency only a little over a month, but he's already facing controversy.
Makan Delrahim, the assistant attorney general for antitrust and a former partner at Brownstein Hyatt Farber Schreck, has been thrust into the spotlight as news reports indicate the DOJ may fight AT&T's proposed $85.4 billion acquisition of Time Warner. Some reports indicate that DOJ officials want AT&T to sell off Turner Broadcasting System, which owns CNN, in order to gain approval for the deal.
President Donald Trump came out against the merger on the campaign trail, and The New York Times reported in July that White House advisers, fuming at CNN's coverage of the administration, saw the merger as a possible point of leverage. Kellyanne Conway, counselor to the president, told CNN Wednesday that Trump is not interfering with the DOJ's review of the deal.
Critics of the administration note that if the news is true, Delrahim appears to have changed his opinion at some point, because he said before his nomination that he didn't expect regulators to have issues with the AT&T deal. Any case the DOJ may now make against the deal could serve as the first test of Delrahim's independence from Trump.
What else has Delrahim said about antitrust policy? We scoured his past writings, speeches and interviews for possible insight:
On the deal itself: “Just the sheer size of it and the fact that it's media I think will get a lot of attention. However, I don't see this as a major antitrust problem,” Delrahim said on a Canadian news segment in October 2016.
He went on to explain that even if the deal were challenged, “the burden” lies with the DOJ to prove to an independent judge that the merger would have anti-competitive effects. “There certainly is a lot of power within the administration, however, it's not the ultimate power,” he said.
On challenging vertical mergers: “The vertical mergers most likely to require a close look by government enforcers are those where there is a risk that upstream or downstream competition may be foreclosed by the transaction,” Delrahim wrote in response to a question from Sen. Dianne Feinstein, D-California, following his confirmation hearing in May.
Delrahim refused to answer questions about the deal itself after his nomination, but he did respond to the senator's question on whether vertical mergers should concern regulators.
On independence from the White House: “The role of the AAG for antitrust is a law enforcement function,” Delrahim told Sen. Amy Klobuchar, D-Minnesota, during his hearing. “The independence of the decisions made in prosecuting and reviewing mergers as well as other conduct is a serious one that should be free from any political influence. They will be free, if I'm fortunate enough to be confirmed.”
Delrahim promised senators in the hearing that politics would not play any role in antitrust enforcement, and also noted that there are mechanisms in place to maintain that independence. That includes limiting contact between the White House and DOJ, he said.
On the purpose of antitrust law: “The role of antitrust law is not to keep everybody in business. The whole goal is to protect competition,” Delrahim told then-Law360 reporter J.J. Helland, now at CNN, in 2006. Delrahim was referring to his time at the DOJ in the George W. Bush administration, and pushing back on criticism that antitrust enforcement under Bush was too relaxed.
In the article, Delrahim was emphasizing that in reviewing antitrust cases, the DOJ should consider whether an action would adversely affect consumers, not just whether it may eliminate a competitor.
On how the DOJ examines media mergers: “Media mergers do get somewhat more public attention than other mergers because media is regarded as important to the functioning of a democracy,” Delrahim said in a 2003 speech while serving at the DOJ. “As a result, there has also been a fair amount of discussion of whether media deals should get a higher, or at least different, level of antitrust scrutiny. The Antitrust Division's approach to merger analysis in the media and entertainment industries generally utilizes the same framework we use to review mergers and other forms of strategic alliances in other, non-media industries.”
Delrahim was speaking at the Recording Artists' Coalition in Los Angeles. He added that for vertical mergers, the department scrutinized whether deals would “eliminate a key supplier or customer,” allowing the merged entity to raise rivals costs.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![‘Diminishing Returns’: Is the Superstar Supreme Court Lawyer Overvalued? ‘Diminishing Returns’: Is the Superstar Supreme Court Lawyer Overvalued?](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/nationallawjournal/contrib/content/uploads/sites/398/2023/11/15438u-767x633-9.jpg)
‘Diminishing Returns’: Is the Superstar Supreme Court Lawyer Overvalued?
![DC Lawsuits Seek to Prevent Mass Firings and Public Naming of FBI Agents DC Lawsuits Seek to Prevent Mass Firings and Public Naming of FBI Agents](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/nationallawjournal/contrib/content/uploads/sites/389/2024/08/Federal-Bureau-Investigation-FBI-2016-05-767x633.jpg)
DC Lawsuits Seek to Prevent Mass Firings and Public Naming of FBI Agents
3 minute read![Sylvia Favretto Elevated to Mysten Labs’ General Counsel Sylvia Favretto Elevated to Mysten Labs’ General Counsel](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/1d/67/c59c4fa44ff7b3979d2248f6841b/sylvia-favretto-767x633.jpg)
Trending Stories
- 1How Gibson Dunn Lawyers Helped Assemble the LA FireAid Benefit Concert in 'Extreme' Time Crunch
- 2Lawyer Wears Funny Ears When Criticizing: Still Sued for Defamation
- 3Medical Student's Error Takes Center Stage in High Court 'Agency' Dispute
- 4'A Shock to the System’: Some Government Attorneys Are Forced Out, While Others Weigh Job Options
- 5Lackawanna County Lawyer Fails to Shake Legal Mal Claims Over Sex With Client
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250