Comcast Gets Notice That NBC Antitrust Scrutiny Will Persist

Antitrust restrictions placed on Comcast Corp. after its takeover of NBCUniversal are due to expire in a few days. But that doesn’t mean the Justice Department is done scrutinizing the company.

The department’s antitrust division wrote a letter to Comcast this month warning that it would continue to monitor developments in how the company handles TV programming and distribution. It also asked for notice by Wednesday of any changes that the cable giant plans to make when the decree runs out on Sept. 1, according to the Aug. 14 letter, which was obtained by Bloomberg News.

Comcast’s acquisition of NBC won the approval of regulators more than seven years ago. But a so-called consent decree with the Justice Department and Federal Communications Commission imposed conditions designed to protect the emerging online-video market.

“The department retains jurisdiction to enforce the antitrust laws and takes its obligations seriously,” Makan Delrahim, head of the Justice Department’s antitrust division, said in the letter. “We would appreciate your cooperation in keeping us informed by providing the department with any plans you may have to change your policies or practices involving video programming and distribution.”

The NBC order was the kind of merger settlement that the Justice Department has since largely abandoned as a tool to resolve competition concerns stemming from deals. Delrahim has criticized settlements like NBC’s for being too regulatory because they impose conditions that require regular motoring.

Delrahim instead wants companies to sell businesses, a stance that led to the government’s unsuccessful lawsuit to stop AT&T Inc.’s takeover of Time Warner this year.