During his “Build America” speech in July, Federal Communications Commission Chairman Brendan Carr promised to return the Commission to common-sense decision-making. The ongoing merger between Cox Enterprises and Charter Communications is an easy opportunity to do just that.
After recent years of the FCC, Department of Justice, and Federal Trade Commission practicing antitrust enforcement detached from real-world economics, businesses need reassurance that they can pursue pro-consumer mergers without fear of inconsistent prosecution. By approving the merger without delay, Chairman Carr can demonstrate a clean break with misguided merger enforcement. The Cox-Charter merger is an easy win.
For the last 50 years, the Consumer Welfare Standard has been the benchmark for antitrust. By placing consumers firmly as the north star, the DOJ and FTC—and FCC in telecommunications cases—have approved or blocked mergers and acquisitions to reduce prices, increase output, and encourage innovative new products and services. But with a string of lawsuits targeting big tech companies between 2020 and 2024, antitrust officials made it clear their priorities had shifted. The Consumer Welfare Standard was out, trustbusting without a cause was in.
Nate Karren is a policy analyst with the American Consumer Institute, a nonprofit education and research organization. For more information about the Institute, follow us on X @ConsumerPal.