Antitrust Review of the AT&T/T-Mobile Transaction
Allen P. Grunes
Brownstein Hyatt Farber Schreck, LLP
Maurice E. Stucke
University of Tennessee College of Law
Federal Communications Law Journal, Forthcoming
In this Essay, we review AT&T Inc.’s proposed $39 billion acquisition of T-Mobile USA, Inc., under federal merger law, under the U.S. Department of Justice and Federal Trade Commission’s 2010 Horizontal Merger Guidelines, and with a focus on possible remedies. We find, under a rule of law approach, that the proposed acquisition is presumptively anticompetitive, and the merging parties in their public disclosures have failed to overcome this presumption. Next we find that under the Merger Guidelines, there is reason to believe that the transaction may result in higher prices to consumers under several different plausible theories. Finally, we turn to the question of possible remedies. We conclude that there is a high likelihood that divestitures will not solve the competitive problems, and make the case for enjoining the acquisition.
Keywords: Clayton Act, merger, antitrust
JEL Classifications: G34, K21, L40, L41, L43, L96
Accepted Paper Series
One Comment to “AT&T/T-Mobile merger will (of course) mean higher prices, finds antitrust review”
“While We Were Sleeping”
Orwell Rolls In His Grave, featuring MCM – Buy the DVD
About News From Underground
News From Underground is a daily e-news service run by Mark Crispin Miller, a Professor of Culture and Communication at NYU. It is based on his belief that academics, like reporters, have a civic obligation to help keep the people well-informed, so that American democracy might finally work.
If you'd like to receive updates delivered to your inbox daily, sign up for News From Underground Alerts:
Help News From Underground!
Message from Mark: "I am a one-man operation, although assisted greatly by some volunteers, and, now and then, by people paid by others for one-time projects. There is no shortage of skilled, dedicated folks out there who want to help me. There is, however, nothing I can pay them with, unless you decide you can contribute something."
Please donate via the PayPal button above or via PayPal by email to: firstname.lastname@example.org
- Please HELP FUND this documentary on JFK’s assassination!
- Talkin’ World War One Blues…
- How Australia plans to keep its vaccinated children safe from illnesses that they can’t catch
- On the mass delusion now afflicting liberals (and putting all of us at risk)
- There’s actually more evidence in Pizzagate than there is in “Russia-gate.”
- Forbidden Bookshelf on
- Contact Lou Dobbs on
- Forbidden Bookshelf on
- Top US spooks see NO “conclusive evidence” of Russian hacking in Election 2016 on
- How blaming Trump’s “election” on the Russians could force Hillary on us after all—and end US democracy for good… on
- Forbidden Bookshelf
- The strange death of Nancy Schaefer (two items)
- There's actually more evidence in Pizzagate than there is in "Russia-gate."
- Don't buy these products from Koch Industries!
- How NYU squeezes billions from its students—and where that money goes
- Veterans for Common Sense
- alias Bruce
- The Existentialist Cowboy
- The Rude Pudit
- Cody Lyon
- Media Channel
- Citizens for Legitimate Government
- Democratic Undergroud
- Early America
- William Betz
- History Unfolding
- Evil GOP Bastards
- Suburban Guerrilla
- t r u t h o u t
- Election Defense Alliance
- Barry Gordon
- Media Matters
- Writers Voice
Need a bigger font size?
- Your link could be here too, contact us for pricing details.