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House Antitrust Task Force To Hold Hearing on Sirius/XM Merger

Client Alert | 1 min read | 02.19.07

Following the announcement by Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc.'s announcement on Monday, February 19, 2007 of its plans for a $13 billion "merger of equals," the U.S. House of Representatives' Judiciary Committee announced on February 21 that its newly formed Antitrust Task Force will hold a hearing next week on Wednesday, February 28, 2007 at 3:00 p.m. to investigate the potential anticompetitive effects of the proposed merger. Sirius and XM are currently the only two companies licensed to offer satellite radio to U.S. consumers, thereby raising antitrust concerns. The two satellite radio companies, however, have argued that satellite radio faces tremendous competition from all other types of music delivery services, including mp3 players, iPods, and, of course, terrestrial radio.

Insights

Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....