Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

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Wednesday, August 31, 2011

DOJ Files Lawsuit To Prevent AT&T Acquisition Of T-Mobile

The Department of Justice has filed a suit to prevent AT&T from acquiring T-Mobile, and thus, according to DOJ's statement, "substantially lessen[ing] competition for mobile wireless telecommunications services across the United States, resulting in higher prices, poorer quality services, fewer choices and fewer innovative products for the millions of American consumers who rely on mobile wireless services in their everyday lives." AT&T, T-Mobile, Sprint, and Verizon are the four companies controlling ninety percent of the wireless market in the U.S. Deutsche Telekom presently owns T-Mobile.

Deputy Attorney General James Cole made the announcement at a press conference today. He said in part:

The Department filed its lawsuit because we believe the combination of AT&T and T-Mobile would result in tens of millions of consumers all across the United States facing higher prices, fewer choices and lower quality products for their mobile wireless services.

Consumers across the country, including those in rural areas and those with lower incomes, have benefitted from competition among the nation’s wireless carriers, particularly the four remaining national carriers. This lawsuit seeks to ensure that everyone can continue to reap the benefits of that competition.

Right now, four nationwide providers account for more than 90 percent of the mobile wireless connections in America, and preserving competition among them is crucial. For instance, AT&T and T-Mobile currently compete head-to-head in 97 of the nation’s largest 100 cellular marketing areas. They also compete nationwide to attract business and government customers. Were the merger to proceed, there would only be three providers with 90 percent of the market, and competition among the remaining competitors on all dimensions—including price, quality, and innovation—would be diminished.

As can be seen in the Department’s complaint, AT&T felt competitive pressure from T-Mobile. One example cites an AT&T employee observing that “[T-Mobile] was first to have HSPA+ devices in their portfolio…we added them in reaction to potential loss of speed claims.”

So as you can see, a merged AT&T and T-Mobile would combine two of the four largest competitors in the marketplace, and would eliminate T-Mobile, an aggressive competitor, from the market.

More here from Reuters.

http://lawprofessors.typepad.com/media_law_prof_blog/2011/08/doj-files-lawsuit-to-prevent-att-acquisition-of-t-mobile.html

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