Josh OngJudge Ellen Huvelle also signed an order earlier this week requiring the Justice Department, AT&T and T-Mobile parent company Deutsche Telekom to file a joint plan on scheduling and managing the case by Sept. 16, The New York Times reported on Wednesday.
The Justice Department filed its antitrust lawsuit to block the proposed acquisition on Aug. 31. The suit apparently caught AT&T executives by surprise, as they had expected to have more time to present their case.
The agency's case has been taken as a major blow to AT&T and T-Mobile's chances of finalizing the deal. But, Justice Department acting assistant attorney general Sharis Pozen has said "our door is open," despite having serious concerns.
A settlement would come as a surprise to some, though, because of the decisiveness with which the agency filed its lawsuit. “It is true that you can always settle a case, but the Justice Department doesn’t use litigation as a settlement tactic,†said Harold Feld, the legal director of a consumer group opposing the deal, last week.
Rival carrier Sprint has filed its own lawsuit in opposition of the deal. As the third-largest wireless carrier in the U.S., the company alleges it would face an unfair duopoly of AT&T and Verizon if the former were allowed to purchase fourth-place T-Mobile.
In its suit, Sprint cites Apple's iPhone as a "classic example" of the advantage that AT&T and Verizon enjoy as the nation's two largest wireless carriers. According to a court filing, an exclusive arrangement for AT&T and a "time-to-market advantage" for Verizon have left Sprint competing "without access to the iPhone for nearly five years." That could change this fall, however, as the company will reportedly begin selling the iPhone 5 alongside its larger rivals.
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30 Comments
Hey Ellen, T and tMobile - let's see the DoJ make the case the sale breaks U.S. anti-trust law. Or is this another trade time and money for forcing concessions In some settlement?
Edit: Now seriously Eric, I have three little letter for you.... K. S. M.
?It is true that you can always settle a case, but the Justice Department doesn?t use litigation as a settlement tactic,? said Harold Feld, the legal director of a consumer group opposing the deal, last week.
In these tough economic times every government official is looking for extra revenue. Here is a chance to charge ATT some money to fund DoJ.
AT&T should drop the whole merger, or FCC should order it stopped.
There is nothing to settle. AT&T has a distortion reality of what consumer protection is.
In these tough economic times every government official is looking for extra revenue. Here is a chance to charge ATT some money to fund DoJ.
You quoted what I was going to quote. How is it that a judge can ask their own team to just settle like that? That's really weird, right?
Even if the DOJ settles for like $10B, where does that money go? Directly to the DOJ? Is the DOJ a corporation now, too?
If we can blatantly pay off the long arm of the law and bypass the courts altogether for serious matters like this, then America is finished... and I'm no patriot, this is just bonkers...
How do you file a law suit decisively?
decisively
de·ci·sive
adjective
1.
having the power or quality of deciding; putting an end to controversy; crucial or most important: Your argument was the decisive one.
2.
characterized by or displaying no or little hesitation; resolute; determined: The general was known for his decisive manner.
3.
indisputable; definite: a decisive defeat.
4.
unsurpassable; commanding: a decisive lead in the voting.
ok - I suppose definition 2 would qualify - but even so the suit was not filed the day the news of possible merge was first in the media - or the same day as the meeting - and even then the document may have been worked up weeks in advance and gone through multiple revisions - with the meeting being the last hope of AVOIDING a suit altogether - so rather than without hesitation - unless someone talked to the parties involved - it might be just as accurate to say that it was files reluctantly or despite efforts to avoid legal proceedings.