The XM-Sirius Merger: Monopoly Or Competition from New Technologies : Hearing Before the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, First Session, March 20, 2007, Volume 4 |
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Common terms and phrases
ability alternatives anticompetitive effects antitrust laws audio entertainment audio programming Balto benefits broadcast industry cable Chairman KOHL channels combined compete competitors cost courts Department of Justice digital radio DIRECTV diversity Echostar EchoStar/DirecTV Merger entry FCC Rcd going HD radio Herb Kohl I-Pod innovation Internet radio iPods listeners lower prices market power marketplace Mary Quass Mel Karmazin merger to monopoly merging parties million mobile monopolist MP3 players multichannel NRG Media offer over-the-air radio podcasts price increases product market Prometheus Radio Project proposed merger public interest Quass question radio broadcasters radio market radio stations raise prices regulation relevant market satellite radio providers satellite radio service Senator HATCH significant Sirius and XM Sirius Satellite Radio Sohn sound recordings spectrum subscribers subscription superstores television terrestrial radio wireless XM and Sirius XM Satellite Radio XM-Sirius merger XM/Sirius
Popular passages
Page 63 - The aim and result of every price-fixing agreement, if effective, is the elimination of one form of competition. The power to fix prices, whether reasonably exercised or not, involves power to control the market and to fix arbitrary and unreasonable prices. The reasonable price fixed today may through economic and business changes become the unreasonable price of tomorrow.
Page 63 - The Sherman Act was designed to be a comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade. It rests on the premise that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality and the greatest material progress, while at the same time providing an environment conducive to the preservation of our democratic, political and social institutions.
Page 107 - The Committee, in reviewing the record before it and the goals of this legislation, recognizes that the sale of many sound recordings and careers of many performers have benefited considerably from airplay and other promotional activities provided by both noncommercial and advertiser-supported, free over-theair broadcasting. The Committee also recognizes that the radio industry has grown and prospered with the availability and use of prerecorded music. This legislation should do nothing to change...
Page 66 - Reports with more than 5 million paid circulation, regularly, carries articles on health, product safety, marketplace economics and legislative, judicial and regulatory actions which affect consumer welfare.
Page 34 - A merger is not likely to create or enhance market power or facilitate its exercise if the following circumstances are met: 1) the allegedly failing firm would be unable to meet its financial obligations in the near future; 2) it would not be able to reorganize successfully under Chapter...
Page 107 - non-subscription broadcast transmission! s j" — transmissions made by FCC licensed radio broadcasters.6 Congress made clear that the purpose of this broadcast exemption was to preserve the historical, mutually beneficial relationship between record companies and radio stations: The Committee, in reviewing the record before it and the goals of this legislation, recognizes that the sale of many sound recordings and careers of many performers have benefited considerably from airplay and other promotional...
Page 63 - The assumption that competition is the best method of allocating resources in a free market recognizes that all elements of a bargain — quality, service, safety, and durability — and not just the immediate cost, are favorably affected by the free opportunity to select among alternative offers.
Page 66 - Union's publications carry no advertising and receive no commercial support. 1 The Consumer Federation of America is the nation's largest consumer advocacy group, composed of over 280 state and local affiliates representing consumer, senior, citizen, low-income, labor, farm, public power an cooperative organizations, with more than SO million individual members.
Page 119 - ... construed to prevent the exercise of the rights and remedies allowed by this paragraph, paragraph (6), and chapter 5 in the event of a digital phonorecord delivery, except that no action alleging infringement of copyright may be brought under this title against a manufacturer, importer or distributor of a digital audio recording device...
Page 106 - ... but not by broadcasting and related transmissions.' " Id at 767 (citations omitted). "In order to protect against the displacement of record sales while simultaneously protecting the 'longstanding business and contractual relationships among record producers and performers, music composers and publishers and broadcasters that have served all of these industries well for decades,' the DPRA included a three-tiered system for categorizing digital transmissions based on their likelihood to affect...