M & A Law Prof Blog

Editor: Brian JM Quinn
Boston College Law School

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Sunday, March 20, 2011

AT&T and T-Mobile

AT&T announces that is acquiring T-Mobile for $39 billion.  My first thought is that this will take a long time to clear the HSR process.  I haven't given this much thought, yet, but if this transaction doesn't at least go through a 'second request' we should just shut down the FTC altogether.  I mean, there is no question that this transaction will result in AT&T being the single largest wireless carrier by far.  Because this is a telecom deal, the FCC will also have a say in whether this deal can go forward.  The FCC's mandate to ensure that mergers are in the "public interest" has come under some criticism for being too far reaching at times.  The FCC was able to squeeze out of CenturyLink/Qwest commitments to build out low-income broadband access as a condition to approving that merger just last Friday.  I wonder if the FCC can squeeze out of AT&T a commitment not to drop more of my calls? 

In any event, the FCC has recently been talking about reworking its merger approval process, perhaps narrowing its scope.  Jonathan Baker, the Chief Economist over at the FCC posted a couple of days ago to the FCC's official blog on the proposed changes to the FCC's merger approval process. 

AT&T and T-Mobile have a transaction web-site up already:  http://www.mobilizeeverything.com.  Go there for merger docs, etc.

-bjmq

http://lawprofessors.typepad.com/mergers/2011/03/att-and-t-mobile.html

Antitrust, Mergers, Miscellaneous Regulatory Clearances | Permalink

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Comments

This would seem to greatly lessen competition. AT&T's market share goes up by a lot and it would be the only GSM carrier in the US.

I've seen hundreds of comments by TMO users on about a dozen message boards. They are pretty much unanimous in opposition to the deal, with worries about its effects on pricing and service.

AT&T's defensiveness about the effect on competition is obvious.

Posted by: foosion | Mar 21, 2011 2:35:04 AM

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