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Makan Delrahim
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- 2018-09-01
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“Oh, we were not even there. And I'm a big believer that molecular biology is going to ultimately address issues like cancer and other diseases.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“There's a lot of fun. I love what goes on, and that's an area that continues to improve all of our lives, has a huge impact, not only on healthcare costs.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“But it's an interesting one that, you know, we actually look for the evidence of the wrongdoing. So that's, I think, an important aspect. And if there is, then we'll go after them.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Well, I mean, if they coordinated with each other, entered into an agreement to do certain things or stay out of each other's markets.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“I did see that, and there's broader policies, the issues, really important issues on data protection. Yeah, there's really important issues of privacy. And these are important policy issues that the legislative branch and the executive branch should consider.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Yeah, I've seen a lot of those calls. And, you know, people get a lot of headlines and attention by calling on antitrust actions or breaking up this company and that company. It happens in the United States. We've heard this the last couple of years. So do I think that we got to do what we have to do? They're all coming to Washington next week.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“But this is basic due process is all we're calling for. So we're not asking for an actual standard of law, but it basically says you would allow for attorney client privilege, the right to counsel. Some of the most fundamental procedural norms that almost every regime recognizes. At least it's a good start.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Not to make sure that other countries don't do that. A big part of my job now, which probably wasn't 20 years ago in this job, is lots of international engagement. Just a full time deputy for international Who focuses on it, we have announced a multilateral agreement just on basic procedures. That requires a commitment from all of our trading partners to not treat a foreign national any differently than the way you would treat it. We took a number of concepts from trade and antitrust and international agreements to come up with a standard that would work for countries that have different legal and political regimes. And I've been very heartened by the Brazilians, Mexican, Canadian, many other countries that have signed on to help us negotiate that. We're negotiating.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“But I think we need to make sure that that doesn't happen, that they don't use that because it's really easy to apply nebulous economic standards and say, you know, you are charging too high of a price for your patent or your copyrighted content. And therefore, it's a violation of our antitrust law because now you're escaping other potentially trade agreements on IP or other areas because now you're doing it enforcing antitrust. And we need to be very careful not to do that.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“El Paz and many other content companies have those views. So we have that. And there's, I think, a couple of maybe a state attorney general in Missouri has brought a case or investigation in Google. And the Federal Trade Commission in 2013 had one.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“But, you know, I don't know. And I'd like to, you know, make sure because I don't think it would be fair for us to second guess their enforcement decisions if we don't have the same evidence and analysis. So I think it's really important for us to also look at that because here in Texas countries.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“In art In their country to fight. Well, they do that in Europe. I mean, interesting. I interviewed President Obama. He said the Europeans are just doing it to hurt Google. And I was like, some people could feel Google's a little strange. Well, that's, you know, President Obama.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“We don't have an international agreement. We don't have an agreement about how you view this. And one of the more dangerous things, I think, that could happen moving forward is that a country Uses the antitrust laws as a weapon against as an economic weapon against one of our companies or an industry in their country.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Then there is the issue of the international, you know, are more aggressive enforcers better. Does that mean that they're better at antitrust or better for the marketplace? I don't think so. I think there needs to be a, I hope that we continue to diverge. I'm very heartened that the fact that over the years we have had more and more convergence on the principles and we got to be vigilant, make sure we don't diverge on the fundamental basics of economics-based antitrust application.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“And you have to take a look at that, and how does that really fit into ultimately what benefits the consumer and the free market? So, I think the law is flexible. We'll see, you know, sometimes courts could get things wrong. And then that's really up to Congress to then change that after a debate, where there has been market failure like in telecom where there used to be or cable with the 92 cable act.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“As long as you can have credible evidence, I think you need to have the will to be aggressive in a timely fashion. Before you kill off too many companies and innovators to step in where there is the evidence and it's, you know, It shows that there would be an anti competitive conduct or effect. And you want to do that. I think the law is flexible enough as we have it again, like the Microsoft case. Will always be challenged by new technology and new practices, particularly in digital. You have what are called network effects. So it's a winner-take-all that could cause issues. You have issues dealing with big data that people talk about.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“So let me take those in two different ways because there's an important factor on the international side because there's no international code. But then there's one about domestic and is the law and where should it go. So I think the law is flexible as it is today. I think there's broad consensus on the left, the right, the middle, everywhere on this that...”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Google You try to do different things. And it just didn't. They're not very social. I don't know if you know those people, but they're not good at social things. But in terms of when you look at the future of address, I'd just love to get your sort of.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“They tried. I mean, you know, Google tried many times to create Google. They tried to do different things. And it just didn't. They're not very social.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“So, let me finish up by talking about the idea of where antitrust is going. When you think about things like does it have to change in this era when they could all argue there is plenty, there's a lot of them, right? But they don't actually compete with each other in a weird way. Facebook doesn't actually compete with Google. Exactly. Neither does that. And you hope they”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“An incumbent to the extent that any of those companies can. But if they actually merge and Do so, and if it shows that it would be a violation, well, and that's the question you know will they, would that violate the antitrust laws? You know, these things are very fact-specific, you know, would that violate? And that's where, if it does, you need to go to court.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Well, you have to just wait and see. You don't know what will trigger that type of a merger or activity or why or when. If it happens. Now, I've heard that there's a lot of talk about Apple buying a content company, or they grow it organically. You want them to grow organically. You want them to succeed. You want them to topple.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“So when these are inevitably going to come down the pike, these mergers as these companies get more and more powerful. I think they are, that they will start buying up lots and lots of things you wouldn't surprise. I've always thought someone will buy Disney, but maybe not now with the other merger going on, but that there's going to be massive consolidation of these companies. Do you anticipate that, or are you just wait and see what comes down the road?”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“But those are important factors to consider is Disregard that type of heat that'll come on you do the job that you took the oath to do.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“They were under a huge fire by Microsoft at that time. Yes, they were. You know, there were senators standing up threatening to, in fact, not only threatening, but actually trying to defund the antitrust division at the time, defund Joel's car access or silly things like that, which ultimately were not successful.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“I don't know. And those are times and snapshots that enforcers need to be really vigilant. They need to look at it. They need to look at not only the price factors, output, innovation. Quality and seeing that, you know, does this merger harm the competitive process in any way? And if so, they need to step in. They shouldn't be afraid of politics or the PR that those companies can bring down. I know that Joel Klein and the Clinton administration.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Is positive. That's when mergers, you know, 95% of which Facebook buying Instagram is another one. Now, if Instagram was an actual like it is today back when they bought it, you know, does that raise competitive problems? Probably. But would Instagram be what it is today without Facebook?”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Was it the robust content? Distributor than it is today online. I don't think so. Did it benefit from the technology and the resources that Google had in order to make it what it is? Yes, and that's the efficiency that”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“And I'm not saying that those companies are per se legal or every activity is legal. They could very well be violating the antitrust laws down the road if they take certain actions. But just taking a look at YouTube, back when they purchased YouTube.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“So, if you do want to go down that road and believe that the Googles and the Facebooks are an Amazons or very powerful, what can they buy? Because a lot of people feel they're going to start doing the exact same thing. Someone just the other day said that, for example, they wouldn't have allowed, it was a lawyer I was talking to you, and they said they wouldn't have allowed WhatsApp to happen today. Facebook buying WhatsApp or Google buying YouTube or things like that that happened.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“The judge bought the whole thing And cited it in the opinion, which hopefully the Court of Appeals will pay attention to it.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“But in our economic model That wouldn't have caused the same harm because they actually would have created more competition and more choices. But what is interesting is that they could have done that. That argument was, in my view, was a kind of...”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Right, well, here they could have bought, you know, even Warner Brothers Studios and HBO and Cinemax to be able to do that.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“You don't need to do that. You already actually have a huge studio, an incredible library, one of the most cherished. Content, you know, with.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“So, the power is there to do so when you're somebody is competing with them. And the incentive will be there. And so that isn't vertical integration. That's another promise not to, but exactly. Of course. As long as they promise, it'll be fine. So frankly, I am very skeptical those types of arguments. It certainly is, I mean, it's just ludicrous to even think about it here that, hey, we can't, well, there's nothing to stop Time Warner from going directly to consumers. The technology, be able to go directly just like Netflix or Amazon does. You don't need to buy a satellite dish and a wireless network and a fiber line as they did in order to get to the consumer.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“A Comcast or AT&T or a Verizon owning one of those companies or the content. So Netflix had to invest and create this new content area as it's Amazon to go and produce and compete. They had to pay that producer that produces whatever, house of cards for $5 million an episode. And they had to compete with HBO and NBC in order to buy that and put it on there network. They paid more. That's all that means. But if they can't, if they get throttled, I mean, you saw the recent news this week about Verizon rolling back the firefighters.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“And what we're talking about, why? Because they still need to go through a cable pipe or a wireless network. To be able to access, which again gets back to the network neutrality issue, they still need to get through them to get to us.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Or Amazon, or any of these other companies that need to reach any one of us as consumers They're not vertically integrated.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“These companies, that's my point. The fascinating part is you tell me. And it's not lost on most of the American public that Netflix And sling.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Allegedly, well, interestingly, the opinion that Judge went on and on talking about why because of Amazon and Netflix and Facebook.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Save us. You need to approve a otherwise illegal merger so that I can compete with somebody who's killing me in competition.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“They are in a lot of ways. Media companies are, telcos are, everybody's sort of fighting for the consumer. When you think about that from an antitrust perspective, how does the landscape going forward look to you? Because I think it's going to be very complex for the government to try to figure out how to regulate and control this.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“We're here with Macon Del Rahim. He's the assistant attorney general for the Antitrust Division of the U.S. Justice Department. So going forward, this appeal will either happen or it won't. People either accuse you of carrying water for the president. It doesn't really matter. But one of the interesting parts of the case, besides the allegations of interference by President Trump, was that AT&T and others, big telcos, were talking about the idea that they were under siege by the internet companies, which is to me is mind-blowing if you think about it. And actually,”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“You need to take a look. Exactly and make the case. And he said back then, 80 years ago, that if you go after individuals, there's enough laws on the book where you almost, and this is back then where the federal law books were probably like this as opposed to today, is that you'll be able to find a violation on anybody.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“You can indict, you can prosecute, you can do a lot of things, and the Constitution empowers you, but you have to do the right thing. And the reason why you are in these jobs and it requires presidential appointment and Senate confirmation is that you have to win a seal of approval of your character. By not only the executive branch, which is the branch that appoints you, the president, but also from the legislative branch, which is the Senate that has to confirm you. And an important part and says, you know, you really need to factor in. And you don't go after individuals. You go after cases.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“He gave a beautiful speech in the great hall to the second gathering of the U.S. attorneys in 1940 at justice, where to this day, I think it should be a model for every law enforcement official and federal prosecutor. I said, you know, we have a huge role as prosecutors.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Oh, these jobs come with part of that pressure. You just kind of do what you do again, Justice Jackson, you go back and read him.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Because our theory is if it's merged, then you won't distribute broadly in order to seek rent for direct TV. And, you know, are you going to give up a couple of bucks of a license fee for a channel in order to gain a new subscriber of direct TV that might be worth $1,500? Right. That's, again, that's the math that we were dealing with. The logic made no sense. And the judge shut that part down and they said that they tried to make that. But there was a major PR effort by AT&T in this case. And it was salacious enough that if people were not familiar with antitrust law and exactly...”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“Now, it makes no sense And that the merger action was brought because of somehow an animus to CNN. Because if you actually logically think about the case, what we were arguing. Was to have Time Warner distribute tribune, which includes CNN, as broadly as possible.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT
“I think the other candidates, including Secretary Clinton and Senator Sanders, have said that. I got to think, I forget, like maybe 20 senators who wrote to me saying that blocked this merger or do not do a behavioral remedy or something. So this was a bipartisan criticism about this transaction and consolidation in general.”
2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT