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May 30, 2007
Dennis Wharton
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Analysis Shows XM/Sirius Merger Would Violate Antitrust Law

WASHINGTON, DC – - Crowell & Moring, an international law firm specializing in antitrust law, prepared an analysis recently sent to lawmakers and filed with the FCC characterizing the proposed satellite radio merger of XM and Sirius as "clearly anticompetitive." Crowell & Moring, recognized as experts in the field of antitrust law, has been retained by NAB to provide an analysis of the proposed merger.

"The proposed merger would replace this duopoly market structure, set up specifically by the FCC to ensure at least some level of price and service competition, with a monopolist in the downstream subscription market... that is unrestrained in its ability to harm competition," the report concluded. "There simply is no "fix" that will restore the competitive structure of this marketplace, and thus DOJ should challenge the transaction to preserve existing and future competition."

To read the 12-page memo, click here.

About NAB
The National Association of Broadcasters is a trade association that advocates on behalf of more than 8,300 free, local radio and television stations and also broadcast networks before Congress, the Federal Communications Commission and the Courts. Information about NAB can be found at


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