CEI Successfully Challenges Harmful and Unlawful Conditions on Charter-Time Warner Merger

In Competitive Enterprise Institute v. Federal Communications Commission, the DC Circuit Court agreed with CEI and co-litigants Hamilton Lincoln Law Institute (HLLI) that several major conditions imposed by the FCC on New Charter would hurt many consumers. The Court held that because the agency failed to justify those conditions, they would be struck down. And it also cast doubt on the agency’s ability to impose such conditions in the first place.  

CEI sued on behalf of several New Charter customers whose broadband bills increased in the wake of the government imposing unlawful conditions on the merger.

“We are pleased that the Court of Appeals agreed with us that the FCC’s exercise of authority was troubling,” said lead counsel for the petitioners and HLLI President Melissa Holyoak. “As the court put it, imposing conditions that are not germane to a merger is simply out-and-out extortion.”

“The DC Circuit delivered a victory for consumers and the rule of law by throwing cold water on the FCC’s attempt to micromanage the Internet at the public’s expense,” said CEI General Counsel Sam Kazman. 

Read the DC Circuit Court’s order here.

For more information on CEI v. FCC: https://cei.org/litigation/cei-v-fcc

Sam Kazman

In Competitive Enterprise Institute v. Federal Communications Commission, the DC Circuit Court agreed with CEI and co-litigants Hamilton Lincoln Law Institute (HLLI) that several major conditions imposed by the FCC on New Charter would hurt many consumers. The Court held that because the agency failed to justify those conditions, they would be struck down. And it also cast doubt on the agency’s ability to impose such conditions in the first place.