https://phys.org/news/2018-08-court-att-time-warner-erroneous-govt.html

The June decision by US District Judge Richard Leon had dealt a stinging defeat to the Justice Department and handed a total victory to the companies.

But, in a brief filed Monday with the court, the agency said Leon had ignored economic theory by finding that Time Warner would not enjoy greater bargaining power over pay-TV distributors once the merger was complete—possibly withholding highly popular content from HBO, CNN and others in order to extract higher fees from distributors.