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The government wants to give the panelвЂ™s liberal judges material to overrule Judge Leon. Circuit is supposed to review the district court decision merely for a misapplication of law, it has granted JusticeвЂ™s request to allow some two dozen antitrust вЂњexpertsвЂќ to testify against the merger including progressive economist Joseph Stiglitz. Circuit weighs it as вЂњreal worldвЂќ evidence of the mergerвЂ™s putative harms that Justice so far hasnвЂ™t shown.ДЄlthough the D.C. Ergen thinks Dish has less to lose-or more to gain-from a blackout than AT&T. But according to WarnerMedia spokespersonДish blocked signals that HBO sent to its customers.ДЄll of this suggests Mr. HBO offered to extend the terms of its current contract with Dish until a new agreement is reached. Dish has previously gone dark on Univision, Sinclair, Fox,ДЄnd AMC. Threats of blackouts are common during contract negotiations, and Mr. Last month Dish ChairmanД«lamed the AT&T merger for an HBO blackout. Its position is particularly perilous since it has amassed large amounts of debt to buy spectrum whose licenses it may soon have to forfeit for lack of use. Like DirecTV, Dish has been losing subscribers.

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вЂњThe bulk of the third-party competitor testimony proferred by the Government was speculative, based on unproven assumptions or unsupported-or even contradicted-by the GovernmentвЂ™s own evidence,вЂќ JudgeД¬oncluded in June after a six-week trial.Д®nter Dish Network, which testified at trial to the dangers of the merger. Although AT&T bungled its web stream, there were no complaints from competitors that it tried to withhold the exclusive content or charge unfair rates.

In October AT&TвЂ™s Turner Sports featured a pay-per-view match between Tiger Woods and Phil Mickelson. Discovery and the PGA Tour in January will start a live and on-demand golf streaming service. Plans to launch a streaming service next year with exclusive content. More and more companies are also competing in streaming. In satellite as well as cable and mobile carriers that are poised to offer 5G home wireless service next year. JusticeвЂ™s argument might be more plausible if DirecTV enjoyed market dominance. AT&T would lose hundreds of millions of dollars in subscriber carriage fees and ad revenues by withholding Time Warner content from DirecTV competitors. These theoretical harms are based on models that donвЂ™t reflect the fast-evolving media landscape.