Lawyers defending AT&T’s merger with Time Warner are fighting to make sure their antitrust showdown against the Justice Department stays as public as possible.

U.S. District Judge Richard Leon of the District of Columbia, who is overseeing the DOJ’s antitrust case against the merger, said Tuesday that both AT&T and the government’s third-party witnesses were “probably” designating too many evidentiary documents and material as confidential. AT&T’s lawyer, O’Melveny & Myers partner Daniel Petrocelli, argued the trial should be held in an open courtroom as much as possible.

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