Why DOJ Is Right To Appeal BMI Consent Decree Ruling
By David Balto, Law Offices of David A. Balto PLLC ( November 28, 2016, 11:58 AM EST) -- Jimi Hendrix's famous lyrics "and so castles made of sand fall in the sea eventually" perfectly describe the U.S. Department of Justice Antitrust Division's problems in the wake of rate court Judge Louis Stanton's September decision to reject the DOJ's interpretation of its consent decree with performance rights organization (PRO) Broadcast Music Inc. The Hendrix song, "Castles Made of Sand," describes the impermanence of fragile things, and Judge Stanton's decision has shown that the DOJ's consent decree enforcement might be more fragile than we hope, and should the DOJ not prevail on its recently announced appeal to the Second Circuit, we may see further erosion of the DOJ's tools in enforcing the antitrust laws....
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