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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

5 hours ago - World

Maximum pressure campaign escalates with Fakhrizadeh killing

Photo: Fars News Agency via AP

The assassination of Mohsen Fakhrizadeh, the architect of Iran’s military nuclear program, is a new height in the maximum pressure campaign led by the Trump administration and the Netanyahu government against Iran.

Why it matters: It exceeds the capture of the Iranian nuclear archives by the Mossad, and the sabotage in the advanced centrifuge facility in Natanz.

Scoop: Biden weighs retired General Lloyd Austin for Pentagon chief

Lloyd Austin testifying before Congress in 2015. Photo: Chip Somodevilla/Getty Images

Joe Biden is considering retired four-star General Lloyd Austin as his nominee for defense secretary, adding him to a shortlist that includes Jeh Johnson, Tammy Duckworth and Michele Flournoy, two sources with direct knowledge of the decision-making tell Axios.

Why it matters: A nominee for Pentagon chief was noticeably absent when the president-elect rolled out his national security team Tuesday. Flournoy had been widely seen as the likely pick, but Axios is told other factors — race, experience, Biden's comfort level — have come into play.

Updated 7 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Health: WHO: AstraZeneca vaccine must be evaluated on "more than a press release."
  2. Politics: Supreme Court backs religious groups on New York COVID restrictions.
  3. World: Thailand, Philippines sign deal with AstraZeneca for vaccine.
  4. Economy: Safety nets to disappear in December Black Friday shopping across the U.S., in photosAmazon hires 1,400 workers a day throughout pandemic.
  5. Education: National standardized tests delayed until 2022.