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Assistant Attorney General, Antitrust Division nominee Makan Delrahim testifies before the Senate Judiciary Committee's hearing on his nomination in May 2017. Cliff Owens / AP

The Justice Department's top antitrust cop laid out some clues about his merger philosophy — and it doesn't bode well for AT&T's proposed $85 billion takeover of Time Warner.Both companies have pushed for "behavioral remedies" — in other words, conditions to prevent specific anticompetitive behaviors by merging companies — to address antitrust concerns.Don't hold your breath: In a speech yesterday DOJ antitrust chief Makan Delrahim said such fixes are more like temporary band-aids and hard to enforce. He was critical of specific deals approved with behavioral conditions, like Comcast/NBCU, Google/ITA and LiveNation/Ticketmaster."I believe the [DOJ] should fairly review offers to settle but also be skeptical of those consisting of behavioral remedies or divestitures that only partially remedy the likely harm," he said.Instead: He made it clear he prefers "structural" solutions, which would usually involve selling off major assets. "Behavioral remedies often require companies to make daily decisions contrary to their profit-maximizing incentives, and they demand ongoing monitoring and enforcement to do that effectively," he said. "It is the wolf of regulation dressed in the sheep's clothing of a behavioral decree."Between the lines: In this case, a structural fix could involve divestitures of Turner (the owner of CNN) or DirectTV, which has been floated in press reports. Both those assets are key to AT&T's plan for a content and delivery powerhouse.

Go deeper

Acting Capitol Police chief: Officers were unsure of lethal force rules on Jan. 6

Photo: Chip Somodevilla/Getty Images

Acting U.S. Capitol Police Chief Yogananda Pittman wrote in prepared remarks for a House hearing on Thursday that officers in her department were "unsure of when to use lethal force" during the Jan. 6 insurrection.

Why it matters: Capitol Police did deploy lethal force on Jan. 6 — shooting and killing 35-year-old Ashli Babbit — but have faced questions over why officers appeared to be less forceful against pro-Trump rioters than participants in previous demonstrations, including those over Black Lives Matter and now-Supreme Court Justice Brett Kavanaugh.

United CEO is confident people will feel safe traveling again by 2022

Axios' Joann Muller and United CEO Scott Kirby. Photo: Axios

United Airlines CEO Scott Kirby believes that people will feel safe traveling again by this time next year, depending on the pace of vaccinations and the government's ongoing response to the pandemic, he said at an Axios virtual event.

Why it matters: Misery for global aviation is likely to continue and hold back a broader economic recovery if nothing changes, especially with new restrictions on international border crossings. U.S. airlines carried about 60% fewer passengers in 2020 compared with 2019.

The risks and rewards of charging state-backed hackers

Illustration: Sarah Grillo/Axios

Last week’s stunning indictment of three North Korean hackers laid bare both the advantages and drawbacks of the U.S. government’s evolving strategy of using high-profile prosecutions to publicize hostile nation-state cyber activities.

Why it matters: Criminal charges can help the U.S. establish clear norms in a murky and rapidly changing environment, but they may not deter future bad behavior and could even invite retaliation against U.S. intelligence officials.