The Justice Department has approved the merger of Sirius and XM radio. DoJ reasons (and I use the term loosely) that retail prices are unlikely to rise, in part because of competition from other program sources (including hybrid digital radio [high definition, sic] and iPods), and in part because the two firms do not compete. The NY Times reported Thomas O. Barnett, assistant attorney general, as saying in announcing the decision, “In several important segments of their business, with or without the merger, the parties simply do not compete today and therefore the merger would not be eliminating any competition between them.”
Insight: To the underpaid, over worked judicial clerk reviewing the DoJ decision in some far off Circuit Court of Appeals who finds my blog on a good Google search someday, I say this: You can no doubt see the significant economies of scope and societal efficiencies generated by merging programming sources for Howard Stern, Snoop Dogg, and NPR. However, the reasoning from the DoJ is as irrelevant as it is illogical as it is factually wrong. In a two-to-one merger, the fact that there may be some areas where they DO NOT compete is utterly irrelevant. The analysis was supposed to focus on the areas in
which they DO compete. Moreover, in which segments could XM and Sirius possibly not compete? They are Coke and Pepsi. It’s like saying Coke and Pepsi do not compete because if you drop Mentos into Pepsi, it does not explode. Ergo, they are in different market segments. Let’s rewind the tape for a minute and think about the alleged competition from other program sources. Imagine going into the ICC to lobby Anning S. Prall and saying that we no longer need spectrum policy since there is no longer any scarcity. After all, Mr. Edison’s Victrola competes with Mr. Marconi’s wireless apparatus.
Just because I have never read DoJ’s merger guidelines does not mean that they should not.
The other day while I was waiting for a haircut, I picked up a German auto magazine. Since I cannot read German, I figured I would get more out of it than any other magazine. At the very least I could make some sense of the classifieds. Well, I found this, the