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"The Order represents a substantial and unprecedented expansion of the FCC’s claimed authority. The Commission asserts authority to implement agency-defined policy by any means over the entire broadband communications infrastructure of the United States..."
"This case is not about broadband deployment or competition, nor local autonomy. It is about the FCC’s claim of sweeping power and its essentially unchecked discretion to govern the Internet..."
The Order represents a substantial and unprecedented expansion of the FCC’s claimed authority. The Commission asserts authority to implement agency-defined policy by any means over . . .
"'Capricious' is defined as 'given to sudden and unaccountable changes of mood or behavior.' That is just the word to describe the FCC’s decision in its 2014 Order to reverse a quarter century of agency practice by a vote of 3-to-2..."
"...One of the core guiding principles of modern antitrust law is the focus on maximizing the welfare of consumers. This guiding principle should lead to the conclusion that the antitrust laws may be violated when a transaction reduces consumer welfare but not when consumer welfare is increased..."
Unlike in a pre-merger investigation, the Federal Trade Commission (“FTC”) did not need to rely on indirect evidence related to market structure to predict the competitive effect of the conduct challenged in this case.
"Section 7 of the Clayton Act and analogous state laws are designed to halt in their incipiency transactions that, on balance, have a substantial likelihood of interfering with the effective functioning of the marketplace and thereby causing consumer harm..."
"Respondent (“Aereo”) deploys a system of tiny antennas and large computer servers to capture, transcode, and retransmit live television broadcasts online without authorization or, indeed, any contractual relationship with copyright holders at all..."
"The power to determine whether the practices of almost any American business are “unfair” makes the Federal Trade Commission (FTC) uniquely powerful..."