Mark A. Lemley, a Stanford Law School professor and partner with Lex Lumina LLP, does not believe the FCC proposal, even if approved, will affect the states’ antitrust suit – at least at this early stage.

“I don’t think the FCC’s move has any real bearing on the state antitrust case,” he said. “The fact that the FCC is OK with undue concentration if they like the ideology of the companies that are merging doesn’t mean antitrust law will be, and certainly not state antitrust law.”