April 28, 2025

FCC’s Review of Mergers: Unauthorized and Inefficient

By:

Harold Furchtgott-Roth
Board Member
President, Furchtgott-Roth Economic Enterprises

 Summary

This Working Paper argues the following:

  • The FCC has no statutory authority to review mergers.
  • The FCC merger review process is only partly public.
  • Injured parties have few if any practical means to dispute FCC merger reviews.
  • Even if the FCC possessed statutory authority to review mergers, its review of mergers is an inefficient use of government resources.
  • Even if FCC merger review were an efficient use of government resources, such review leads to market confusion and inefficient economic outcomes.

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Author

Harold Furchtgott-Roth
Board Member
President, Furchtgott-Roth Economic Enterprises
  • Harold Furchtgott-Roth is the President of Furchtgott-Roth Economic Enterprises, an economic consulting firm he founded in 2003. He also serves as a Senior Fellow at the Hudson Institute and as founder and director of its Center for the Economics of the Internet. He served as a Commissioner at the Federal Communications Commission from 1997 to 2001, and prior to that served as chief economist for the House Committee on Commerce and a principal staff member on the Telecommunications Act of 1996. Harold is a member of WLF’s Legal Policy Advisory Board.

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