Vertical Integration and the Evolution of Audiovisual Services: Economic Policy Implications for Brazil

AutorJohn Mayo
CargoJohn Mayo is the Elsa Carlson McDonough Chair in Business Administration and Professor of Economics, Business and Public Policy in Georgetown University's McDonough School of Business. He also serves as the Executive Director of the Georgetown Center for Business and Public Policy. E-mail: mayoj@georgetown.edu.
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Vertical Integration and the Evolution of Audiovisual Services… (p. 1-8) 1
MAYO, John.
Vertical Integration and the Evolution of Audiovisual Services: Econo mic Policy Implications for Brazil
.
The Law, State and Telecommunicati ons Review
, Brasilia, v. 12, no. 1, p. 1-8, May 2020.
DOI:
https://doi.org/10.26512/lstr.v12i1.28459.
VERTICAL INTEGRATION AND THE EVOLUTION
OF AUDIOVISUAL SERVICES: ECONOMIC POLICY
IMPLICATIONS FOR BRAZIL
Submitted
: 05/12/201 9
John W. Mayo*
Revised
: 08/12/201 9
Accepted
: 05/01/202 0
Abstract
Purpose
The p urpose of this paper is to describe the salie nce of economic theories and
evidence reg arding vertical integ ration in the mul tichannel audiovisual industry in Brazil.
This is especially important at this time beca use Brazilian regulators and legisla tors ar e
wrestling with the appropriate pol icy approach tow ard the industry in Brazil in the wake of
the merger of AT&T and Time Warner .
Methodology/approach/design
The paper develops with several approaches. Fir st, to
develop context, the pa per provides a high-level introd uction to the evolution of the
audiovisual industry . Second, the paper turns to a more specific assessment of the economic
and legal lessons lea rned from the discussion and deba te regarding the AT&T- Time
Warner me rger in the Un ited States. T his discussion dra ws on economic and legal theory
and evidence, both from the pu blished literature as well as from court proceedings to
advance under standing of the issues. The se foundation al sections, in turn, provide a
platform for policy insights. In particular , the paper builds upon earlier research on “results-
based regulation” to provide guidance for Br azilian regulato ry and legislative measures
being consider ed in Brazil.
Findings
The paper concludes that a results -based approach should permit advances in
the vertical in tegration of the audiovisua l industry in Brazil. Suc h an approach necessar ily
would recognize that the modern evolut ion towa rds a more vertically integrated
provisioning of audiovisu al services is providing numerou s consumer bene fits while claims
of consumer harm have been judg ed to be speculative. Application of Article 5 of SeAC to
the A T&T-TW merg er provides no additiona l consumer protections th at are no t already
part of the mer ger and would, instead be distinctly anti-con sumer.
Keywords
: Aud iovisual Indu stry. Brazil. Vertical Integration. Se AC. Results- Based
Regulation.
*
John Mayo is the Elsa Carl son McDonough Ch air in Business Ad ministration and
Professor of Economics, Busine ss and Public Polic y in Geo rgetown University’s
McDonough School of Business. He also serves a s the Exec utive Director of the
Georgetown Center for Business and Pub lic Policy. E-mail: mayoj@georgetown.edu.

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