In a follow up to a recent piece on this potential merger, the plans for AT&T to obtain Time Warner for $85 billion hit a snag on Wednesday. The government regulators involved have interceded and have stated that AT&T has to sell either CNN and other related network holdings within Turner Broadcasting , or sell their ownership stake in DirecTV in order for the deal to move forward.
This consolidation of ownership or control of so much content is the issue at hand for the federal regulators. The most honest assessment of this merger is that the control of content was always going to be an issue with this proposal.
The fact remains that AT&T would have too much control over both sides of the content pipeline in their proposed arrangement, that it can have drastic impact on price controls for the consumer.
The average viewer is now streaming more content than ever before, and AT&T has a master strategic plan to become a larger player in the streaming content side of the business. Their purchase of DirecTV started that process with the introduction of a streaming service for customers of that satellite service which has garnered fairly good reviews.
The more troubling aspect of the news today was the response by AT&T who have doubled down on their stance that they will fight any changes to the deal. They are bullishly against selling any assets and are essentially going to attempt to “push through” one of the largest telecommunications mergers in American history.
The pursuit of Time Warner by AT&T has been fraught with problems from the outset. In my view, I can understand why both sides want to get something done in the way of consolidation: Time Warner is struggling to keep their vast media empire relevant in a rapidly changing landscape where print media is dying, and television is becoming increasingly competitive. AT&T would gain a tremendous amount of content for their own service via DirecTV and would be able to charge other industry players for their content.
The major issue is that the merger would make AT&T too gigantic and put their hands into “too many pots” which is an anti-trust conflict in the purest form. AT&T could charge more for cellular phone service or for the apps for the content on the smart phones. AT&T could wield enormous influence over the carriage agreements of all the current Time Warner broadcasting mediums.
The divestiture of one of these assets as identified by the federal regulators is absolutely necessary when you consider the size of Time Warner and the diversification of AT&T. The “mega mergers” of recent years have all had some sort of pothole on the way to fruition.
However, in this case, we are left to consider this question: what if AT&T sells Turner Broadcasting and the deal still does not gain approval? What if the deal never is approved by the regulators?
I am not sure at this point who would be in position to purchase Turner Broadcasting while also maintaining approval from the regulators involved. The deal may never gain approval, that is a realistic possible outcome at this point. The most likely outcome would be that Time Warner is sold off in pieces to different competitors in each of the media spaces they operate within.
This is a developing situation and where it leads could have a massive impact on the consumer in the coming months. The growth of AT&T is alarming and the argument can be made that they should be stopped, it remains to be seen if that will take place.