Content Companies' Objections in Merger Deals Are Frivolous, Say Dish, Netflix

Objections from content companies to outside counsel for Dish Network, Netflix and others accessing confidential documents in the Comcast/Time Warner Cable and AT&T/ DirecTV deals are based on programmers’ disagreement with FCC policy rather than problems with Dish and Netflix filings, the two companies said in separate filings posted in docket 14-57 Monday (see 1410220058). “These Objections are frivolous,” said Dish. “There is no basis for the assertion that Dish’s outside counsel and experts are engaged in Competitive Decision-Making, and the assertion is, in fact, untrue.” The objections are “nothing more than the pretext for a collateral attack” on the FCC modified protective order in the transaction proceedings, Netflix said. Both companies said the objections should be denied, and that their lawyers need access to the contract data at the heart of the dispute. “The Video Programming Confidential Information is essential to the thorough evaluation of arguments made by the Applicants, DISH, and others in these proceedings,” Dish said.