Comments on: John Ashcroft, Redux http://www.robhyndman.com/2007/03/02/john-ashcroft-redux/ any technology distinguishable from magic is not sufficiently advanced Wed, 03 Dec 2008 22:53:19 +0000 http://wordpress.org/?v=2.6 By: Rob Hyndman http://www.robhyndman.com/2007/03/02/john-ashcroft-redux/#comment-55008 Rob Hyndman Sun, 04 Mar 2007 10:42:07 +0000 http://www.robhyndman.com/2007/03/02/john-ashcroft-redux/#comment-55008 I'm sure they would - they'd be paid to :) But I don't really take seriously the proposition that it's a distinct market. The reason the merger is required in the first place is because there's just too much competition from other forms of mobile audio for two to succeed. It's a different world now than it was when they agreed to the no merger rule in their licenses. I think Mike Manick skewers the point nicely <a href="http://www.techdirt.com/articles/20070228/160543.shtml">here</a>. To my mind, the argument that the merged entity would have the market power to unilaterally raise its prices has absolutely no credibility. Blair Levin, the Chief of Staff at the FCC when the no-merger rule was applied to XM and Sirius' licenses, makes the same point <a href="http://www.onthemedia.org/transcripts/2007/02/23/02">here</a>. More (LOL) in the update to the post. I’m sure they would - they’d be paid to :)

But I don’t really take seriously the proposition that it’s a distinct market. The reason the merger is required in the first place is because there’s just too much competition from other forms of mobile audio for two to succeed. It’s a different world now than it was when they agreed to the no merger rule in their licenses.

I think Mike Manick skewers the point nicely here. To my mind, the argument that the merged entity would have the market power to unilaterally raise its prices has absolutely no credibility. Blair Levin, the Chief of Staff at the FCC when the no-merger rule was applied to XM and Sirius’ licenses, makes the same point here. More (LOL) in the update to the post.

]]> By: seva http://www.robhyndman.com/2007/03/02/john-ashcroft-redux/#comment-54920 seva Sun, 04 Mar 2007 05:28:22 +0000 http://www.robhyndman.com/2007/03/02/john-ashcroft-redux/#comment-54920 I am pretty sure that many competition lawyers would disagree that this assertion is "as idiotic a position as I can imagine". Arguably, given direct product substitution and similar price points, it is a singular market. Unless of course you can point to another SUBSCRIPTION based model for live mobile audio delivery. Disclaimer, I am not a competition lawyer, nor do I play one on TV. But I did take a competition law course last semester :) I am pretty sure that many competition lawyers would disagree that this assertion is “as idiotic a position as I can imagine”. Arguably, given direct product substitution and similar price points, it is a singular market. Unless of course you can point to another SUBSCRIPTION based model for live mobile audio delivery.

Disclaimer, I am not a competition lawyer, nor do I play one on TV.
But I did take a competition law course last semester :)

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