Law360 quotes Jeffrey Blumenfeld in an article discussing the antitrust enforcement implications of the U.S. District Court for the District of Columbia’s decision permitting AT&T’s $85 billion acquisition of Time Warner. Blumenfeld notes how surprising it was that the judge placed greater emphasis on defendant executives’ court testimony than on contemporaneous documents showing what the executives were thinking and discussing while the deal was being negotiated because testimony reflects preparation with lawyers, but contemporaneous documents “tell the real story.” Blumenfeld also notes that the government faces a difficult decision on whether to appeal the decision based, in part, on the judge’s treatment of the documents, both because there would be a high burden of proof and because of the risk that an adverse appellate decision could have greater impact. (subscription required to access article).