Antitrust & Federal Regulatory

Telecommunications Antitrust

Resolving antitrust issues quickly and efficiently is critical for your business. Having counsel with the antitrust experience and the know-how to solve your issue is essential to making that happen. With one of the country’s premier communications regulatory practices, Mintz Levin represents telecommunications clients, ranging from emerging companies to established players. The scope of our experience and the types of clients we counsel are broad, which allows us to approach your issue from a comprehensive perspective.

When competition policy issues arise in the course of transactions or in multiparty disputes, we can help guide you through. We know the interplay between the enforcement of antitrust laws and the regulatory and legislative arenas. We have represented clients in connection with investigations and litigation brought by the Department of Justice, the Federal Trade Commission, the Federal Communications Commission, and state attorneys general throughout the country.

We have worked with telecommunications, cable, wireless, and Internet clients to obtain approval for or conditioning of government rejection of mergers. Our experience includes joint ventures, distribution issues, pricing issues, antitrust compliance programs, white-collar criminal and grand jury investigations, and legislative issues.

Quick Facts

  • Communications industry focused
  • Obtained FTC clearance (after completion of a “second request” for information) for the largest competitive cable television merger ever approved by the federal antitrust agencies
  • Attorneys include former FCC chairman

Areas of Focus

  • Antitrust counseling
  • Antitrust litigation
  • Competitor collaborations
  • FCC regulatory review and proceedings
  • Government investigations
  • Hart-Scott-Rodino merger approval process
  • Mergers and acquisitions
  • Privacy

Rankings & Recognitions

  • Attorneys recognized by Chambers USA, Best Lawyers, and Super Lawyers

Representative Experience

  • Resolved government antitrust concerns and eliminated the need to respond to second requests in acquisitions in the cable television industry, including both cable operators and programmers.
  • Represented one of the nation’s most prominent record labels in various antitrust investigations of the record industry.
  • Representation of a major cable television provider in connection with a high-profile merger proceeding before the Department of Justice and state attorneys general.
  • Advised various investment banking clients with respect to issues of risk in connection with communications transactions.
  • Defended Cablevision Systems Corporation against allegations that it discriminated against Game Show Network in favor of its own competing channels.
  • Represented C-SPAN in a dispute against Sky Angel, an Internet programming distributor. C-SPAN and Sky Angel had an agreement that allowed Sky Angel to carry C-SPAN under certain circumstances; C-SPAN terminated for breach of the terms. Sky Angel sued under Section 1 of the Sherman Act.
  • Served as lead counsel for multiple cable operator defendants in a series of nationwide antitrust class actions. The suits alleged that the cable operator's practice of leasing set-top boxes to customers who also purchase cable television services constituted an illegal antitrust tie.
  • Represented Comcast, as successor to AT&T Broadband, in a lawsuit alleging that AT&T Broadband misrepresented the nature of the network access fee for interstate calling that AT&T imposed on its local phone service customers. We obtained dismissal of all claims by the trial court and won a decision on appeal affirming the dismissal

Clients We Serve

  • Cable operators, programmers, and providers
  • Internet providers and companies
  • Investment banks
  • Record labels
  • Telecommunications companies
  • Wireless communications providers