July 29, 2019
Joel Mitnick comments on the T-Mobile/Sprint $56 billion merger. The U.S. Department of Justice may have OK'd the deal, but that clearance has only drawn new battle lines for a coming clash with more than a dozen Democratic state attorneys general.
"Substantively, the parties in each proceeding will have to address questions about whether the proposed merger is anticompetitive, whether the proposed divestiture to Dish solves the competitive problems, if any," said Joel Mitnick, a partner at Cadwalader Wickersham & Taft LLP and former Federal Trade Commission trial attorney. Additionally, he said, the parties must address "whether Sprint/T-Mobile can establish an efficiency defense that the merger is necessary for them to be meaningful competitors to AT&T and Verizon in the development of emerging 5G technology."
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