As this article states, the judges haven't shown anything that might suggest that there will be some dramatic overturn in the appeal procedures and that DOJ will make their case. So AT&T will get out as winners, but I see that this position holds many dangers. AT&T already started doing what it claimed that it wasn’t going to do. Having this much power over the market and prices suffocates the need to innovate and if we don’t wake up we will only be left with overpriced services with nothing new to offer. Make no mistake, if the authorities don’t have a problem with the market position that AT&T acquired through the Time Warner merger, the general public will have.
https://www.nbcnews.com/news/all/judges-critique-doj-argument-against-t-s-time-warner-merger-n944996