AT&T and Time Warner were called before Congress today to defend their upcoming $85 billion merger and they played all of the antitrust bingo words in the book. We heard a lot about “investment,” “competition,” and “innovation” in the two-hour session — but no reasons to believe that this merger is a necessary path to producing any of those things. And bizarrely, AT&T and Time Warner seem to have unwittingly argued against their need to merge.

Testimony from both companies was an unexpected vote for the value of an open internet and higher-quality services from ISPs across the board. Their arguments hinged on the idea that offering more innovative services over the internet is a way to better compete with cable companies. But that has…

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