U.S. Files Antitrust Complaint to Block AT&T, T-Mobile Merger

By Tom Schoenberg
Bloomberg News

Aug 31, 2011

http://www.bloomberg.com/news/print/2011-08-31/u-s-files-antitrust-complaint-to-block-proposed-at-t-t-mobile-merger.html


The U.S. government sued to block AT&T Inc.’s proposed $39 billion 
acquisition of T-Mobile USA Inc., saying the deal would “substantially 
lessen competition” in the wireless market. AT&T shares fell as much as 
5 percent.

In the complaint filed today in federal court in Washington, the U.S. is 
seeking a declaration that Dallas-based AT&T’s takeover of T-Mobile, a 
unit of Deutsche Telekom AG, would violate U.S. antitrust law. The U.S. 
also asked for a court order blocking any arrangement implementing the deal.

“AT&T’s elimination of T-Mobile as an independent, low- priced rival 
would remove a significant competitive force from the market,” the U.S. 
said in its filing.

Should regulators reject the deal, which would create the biggest U.S. 
wireless carrier, AT&T would have to pay Deutsche Telekom $3 billion in 
cash. It would also provide T-Mobile USA with wireless spectrum in some 
regions and reduced charges for calls into AT&T’s network, for a total 
package valued at as much as $7 billion, Deutsche Telekom said this month.

Philipp Schindera, a spokesman at Bonn-based Deutsche Telekom, declined 
to immediately comment on the filing. Jessica Smith, a Justice 
Department spokeswoman, declined to comment on the suit. Michael 
Balmoris, an AT&T spokesman, didn’t immediately respond to an e-mail and 
phone calls seeking comment.
Shares Drop

AT&T fell $1.02, or 3.4 percent, to $28.60 at 10:55 a.m. in New York 
Stock Exchange composite trading after declining as much as $1.49. 
Deutsche Telekom American depositary receipts dropped as much as 6.4 
percent, to $12.93.

The purchase of Bellevue, Washington-based T-Mobile would combine the 
second- and fourth-largest carriers to create a new market leader ahead 
of No. 1 Verizon Wireless. The new company would have dwarfed current 
No. 3 carrier Sprint Nextel Corp., which argued against the deal. 
Overland Park, Kansas-based Sprint’s shares jumped as much as 9.9 percent.

Some U.S. lawmakers have said the deal may reduce competition and raise 
consumer costs. The Federal Communications Commission has given itself 
more time to study new data presented by AT&T.
Economic Models

AT&T in a July 25 filing at the FCC submitted new economic models that 
it said showed the merger would lower prices and increase service in 
large metropolitan markets. The models offer “further detailed support” 
for arguments that the merger will lessen strains on the company’s 
wireless network, lower costs and increase quality, AT&T said in the filing.

“Given the size of the cancellation fee that was negotiated into his 
agreement, AT&T has the incentive to fight,” said Andrew Gavil, a law 
professor at Howard University in Washington. “The fact that the Justice 
Department is challenging the deal doesn’t mean they won’t negotiate a 
resolution at some point.”

The case is U.S. v. AT&T Inc., 11-01560, U.S. District Court for the 
District of Columbia (Washington).

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