The Increased Need For FCC Merger Review In A Networked World

TL;DR

The paper critiques the FCC's new merger review standards, arguing they are outdated and insufficient for the complex, converged networked environment, emphasizing the need for more rigorous public interest reviews.

Contribution

It highlights the inadequacy of current FCC merger review standards in addressing the complexities of modern networked industries and advocates for increased scrutiny.

Findings

FCC's new standards are obsolete for networked environments

Vertical integration in networks warrants more public interest review

Existing rules may inadequately protect public interests in mergers

Abstract

Recently, the FCC announced a new standard for review in mergers. Under the new standard, mass media mergers that comply with existing rules will automaticly receive approval, while those that do not will receive a more searching review. Common carrier mergers, however, will continue to receive the 4=part test established in Bell Atlantic/Nynex. The new standard fails to take into account the complexities of the emerging, converged networked world, and is essentially obsolete on arrival. Looking to those areas where Congress has required an additional public interest review of mergers, a pattern emerges. The emergence of vast, vertically integrated networks of content and conduit fit the historic pattern of areas requiring piublic interest review and re-enforce the need for increased, rather than decreased merger review.