AT&T, C Spire And Sprint Spar Again In Court

In a one-two story regarding the AT&T/T-Mobile takeover today, the first big happening was the Judge in the AT&T, Department of Justice lawsuit ruling that both Sprint and C Spire Wireless can continue to pursue their antitrust lawsuit against AT&T’s proposed takeover of T-Mobile. AT&T and T-Mobile had hoped to see the lawsuit dismissed but U.S. District Judge Ellen Huvelle agreed to allow both companies to pursue their injury claims regarding the effect the deal would have on the wireless market.

This ruling now forces AT&T to fight two lawsuits simultaneously, the first one against the Department of Justice and against the claims of two competitors. Justice Huvelle further allowed C Spire to pursue injury claims regarding the effect the deal would have on roaming services.

“Where private plaintiffs have successfully pleaded antitrust injury, the fact that they are defendants’ competitors is no bar” to pursuing their claims, Huvelle wrote.

The judge did dismiss Sprint’s claim that they would be hurt in the market for wireless spectrum that are necessary to serve their customers and continue building out their network. Sprint argued that a combined AT&T/T-Mobile would hurt the market for “backhaul services, links between the core network and more remote locations.” The judge said Sprint’s theories were not sufficiently supported.

Justice Huvelle scheduled a heard conference for the Sprint, C Spire antitrust lawsuits for December 9th.

After the decision was rendered, AT&T asked Justice Huvelle to compel Sprint to turn over documents regarding its plans to compete in the wireless market after a decision is made on the AT&T purchase on T-Mobile. One of the specific areas of interest from AT&T’s request was whether or not Sprint would have any interest in a “business combination” with T-Mobile if the AT&T deal is blocked. AT&T claims it needs the documents in order to better defend against the Justice Department’s antitrust lawsuit.

BusinessWeek, Reuters

 

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  • VibrantOwnr

    friendly typo notice :)

    its says ”  AT&T’s proposed takeover of AT&T”

    • http://tmonews.com David

      Fixed and thank you!

      • Anonymous

        Also beginning of second paragraph seems off with 2 nows, and second half is off

        This now ruling now forces AT&T to fight two lawsuits simultaneously, the first one agains the Department of Justice and against the claims of two competitors.

  • josue cifuentes

    this is pissing me off at&t gtfo tmo and leave em alone go and buy metro pcs instead lol

    • Sodochris

      Death to T-Mobile! They cannot compete and management sucks! Up with MetroPCS! They will become a national carrier with the divested properties and do what T-Mobile was too incompetent to do!

      • Anonymous

        MetroPCS can suck a chode and die

  • Anonymous

    Stay away from my T-Mobile!! This is a good news but far from over.

  • BP

    This is going to be a great heavyweight fight in February.  Since we will never see Mayweather vs Pacqiao this will have to do.  As long as AT&T takes a urine test first.

  • Respawn

    “AT&T … Rethink Posssible Your Decision.”

    • Respawn

      Grrr, that possible was supposed to be striked out. Oh well, I thought I’d try.

      • William Cron

        Well, look at it this way, Jedi mind tricks are about the only way the courts are goig to let this takeover happen.

  • Tierra Jackson

    I want AT&T to buy T-mobile our service a be so much better . And we would have so much back haul and better plans. 

    • http://twitter.com/ITMedCEO Derrick Ford

      Please think about it… your price will go up tremendously

      • Whitechicknicole22

        @ derrick well it must suck for u that probably has a minimum wage job. For us people’s that make more than minimum wage even if this merger happens its still not expensive for me heck I can even afford Verizon. So to me its not a big deal.

        • http://profiles.google.com/house3272 Cesare Zhao

          Cool story bro, but consider

          customer service, freedom of your phone, flexibly in lots aspects.

          Not that any one cares about ur wage, but u affording it is just one of many things to consider.

        • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

          Listen, you are rude and obnoxious, there are people here who actually work hard for their freaking money and aren’t on minimum wage!!!! Why should someone who worked hard to get a high paying salary freaking have to give Verizon EXTRA money just because they’re greedy? What you fail to understand is that Verizon is basically charging you extra money and A LOT of it, without it actually being the real cost of the service you are getting. If it’s no big deal to you, then you might as well just throw your money up in the air like it’s nothing. And even if someone was on minimum wage those people also deserve to have a choice of a lower cost national carrier! And that carrier is T-Mobile. THANK YOU!

        • Whitechicknicole22

          Honestly I don’t care that you are working hard at your job for your money. Its not my fault you probably dropped out of college and have to work a crappy job. Me I’m making 24 bucks an hour and all I do sit it an office using a computer because I went to college I love my job because its easy and has flexible hours and my day off is Sunday. What more can a girl ask for? Also I have Verizon. And at&t for work. I don’t really care if you don’t want to switch to Verizon stick with your lame cheap trash mobile because I’m sure its the only thing u can afford.

        • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

          FYI, I can afford BOTH Verizon and AT&T and I’ve never dropped out of college. I used to be an AT&T customer. I just chose not to do business with those two companies because I’ve opened my eyes and saw the bigger picture, I noticed that these companies are taking advantage of American consumers. They provide us with LIMITED services (NO UNLIMITED DATA) and EXPENSIVE rate plans (Verizon and AT&T). And then there’s the opposite carrier who provided, UNLIMITED service and AFFORDABLE rate plans $49.99 (T-Mobile). Now stop and think… which one is better?

          On a SMART note, if you really don’t care if people work hard or if people don’t want to switch to Verizon, why did you bother writing this post?

          Why are you on a T-Mobile website in the first place?

          *SIGH*

        • Lower Class

          Wow 24 bucks an hour you must be on top of the world. Where is your Holywoood mansion? Brentwood? Beverly Hills?
          24 bucks an hour and belittling minum wage.. I didn’t go to college and make far far more than you but who give a s**t 

        • ItsMichaelNotMike

          Did you graduate from college? Sorry for your situation, making only $24 an hour. That’s around $730 weekly after taxes.  How do you live? Maybe with your folks?

          Where I’m at secretaries with a high school education make $70,000, plus full benefits. You are getting taken, insist on a raise.

          But then again, if you’re happy, what more could a girl ask for, except maybe a husband so you can stop working. ;)

        • Spanky

          You must work for Goldman Sachs, huh?

        • Whitechicknicole22

          Then again its obvious u don’t live in california like I do. U are so stupid its just funny! Fyi californias minimum wage is the highest of any other state. My paycheck comes out 900+ every week cuz I do make 24 bucks an hour there’s 4 weeks every month do the math and see how much it is. I think its enough for me no kids living by MYSELF just so u know no hudband and I don’t need one I’m living the life right now babyy..

        • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

          You’re giving California a bad image… Luckily my opinion about you doesn’t necessarily reflect all Californians. 

        • Jj7867

          You know what troll, you little troll. TROLL TROLL TROLL!!!!!!

        • Jj7867

          Hey Whitechicknicole22, if you are a “real” person, I think I know you. Are you that fat smelly lady who lives in the trailer on the wrong side of town? Are you a little angry with your sad life?

          I think I’ll report you to the moderator and have you banned.

        • Wandyp2673

          Looks like Fabio has had to many Red Bulls, he be a little excited.

        • Jj7867

          Whitechicknicole22, hmm… if you can afford Verizon, perhaps you can afford an English class as well? Rude comment, whats the point of insulting someone you know nothing about? I hope you go to Verizon or At&t, pay double for a phone, enjoy service that is no better than TMO and enjoy all those penalty fees those providers like to stick their “customers” with.

          What you don’t understand, besides the English language, is that TMO is not all about a low monthly bill. They provide great customer service, try and find that on any provider. Some of us value being able to call the 800 # or going to a corp store and being treated like a valued customer.

          I was with PacBell wireless before they ended up as At&t, so yes I know At&t”s game. Its all ok for a little while then they get you with fees and higher prices. Not to mention their employees are drones, programmed to screw the “customers” over.

          So enjoy verizon wireless and your english class.

          PS why don’t you get a calculator out a figure out how much more over retail you end up paying for a phone with At&t / Verizon. Your quote: “For us people’s that make more than minimum wage,” I guess means you have lots of cash to waste. Go for it then.

        • Whitechicknicole22

          @ jj 7867 Like i said money is NOT a problem with me geesh is that so hard to understand? I said it soo many times.. I like how you say on your first pharagraph that u hope I enjoy going to at&t or verizon and enjoy a service thats not better than t-mobile. Ha that is the stupidest thing I have heard in a while. Everyone knows verizon has the best nationwide coverage its been proven so many times if u say its not true then you must really be in denial. T-mobiles coverage compared to verizon is a JOKE. So what if on verizon 3G u can use the web and talk at the same time and its slower. All I care is about reception to talk which verizon has 3 times more coverage of that than t-mobile heck even at&t has more coverage than t-mobile cuz I know many places t-mobile roams on at&t. So I think that u should shut up and stop telling me to take some english classes and look up cellphone coverage maps cuz apparently u know nothing about them.

      • Tfiw433

        I wish I still had the link to the article I read a few months back. Either way the merger turns out, withing the next, I believe it was 5 years, mobile data costs will quadruple for carriers. It was a reuters report, I do remember that much. So, it doesn’t matter if ATT gets a hold of TMO(God I hope they do) prices will go up, hell they already are…$300 for a phone on T-Mo that ATT has for $50…yeah that’s competition.

        • Anonymous

          If anything it should reduce in price rather than increase as long as there is competition. Compare prices now to 5 years ago, fewer carriers and higher prices with horrible plans. Companies are building up their network technologies now to be able to deal in the future. If this deal goes through competition is lost and prices creep up.

          Your example is about a device, a retail price set by the manufacturer too high, so T-Mobile discounts the same as they do their android offerings,~ $300 off. 1. Blame RIM for charging so much on outdated hardware. 2. T-Mobile isn’t as powerful to discount that phone to $50, and was it $50 when ATT released it?

        • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

          I completely agree with you, If I may add, not only isn’t T-Mobile powerful enough to discount it at $50, but in order to do such discounts it would have to raise their rate plans! This is what people cannot understand! When you sign a contract and get a “$50″ phone or even a free phone.. It’s not really free! The carrier charges you the full price of this phone during your two year contract! You just don’t notice it!

          What’s better?

          Pay a higher price for the phone and have lower monthly rate plans?

          OR

          Pay a extremely low price for the phone, and then pay high monthly rate plans for 2 years, (which in 1 year the phone’s full price has been paid already but yet you keep paying these higher rate plans which the carrier gets to keep at their discretion) and even after 2 years they keep charging you for it at the same rate plans! Not to mention that they also never unlock your phones (AT&T iPhone unlocking policy)

          So which one is better?

        • Mopar6464

          Reality Check , most people don’t have $600.00 cash at one time to spend on a cell phone while raising a family in this messed up economy.

        • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

          Ever heard of credit cards?

        • Mopar6464

          Ever heard of living within your means ?
          If you can’t pay cash for it , you can’t afford it.

        • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

          Well then that means they need to get their phone with a contract and pay higher rates… Ooops.. they can’t afford the higher rates now!

        • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

          Well that’s the situation in other countries, carriers subsidized their handsets but make no mistake about it, they will charge you for the total prize of the handsets via your monthly rates. $300 for a phone on T-Mobile, but look at their rate plan, $49.99. Then you have AT&T, yes sure, they charge only $50 for the same phone, but look at their rate plans. Via their rate plans they charge you for this phone. Now imagine if you bought this phone unsubsidized and at full price… AT&T will still charge you rate plans as if you had bought the phone subsidized. In other countries, no such thing is allowed. If you pay full price for the phone, you get lower rates than someone who brought the phone at a discounted price.

          The point is, it may not look like competition because the phone prices, but it IS competition for AT&T because of T-Mobile’s rate plans are less than AT&T’s. And T-Mobile needs to remain as an independent carrier, because they have the potential to revolutionize the rate plans of AT&T and Verizon which in the future will benefit consumers.

          The pressure of lower prices from T-Mobile will push other carriers to try to lure customers with newer options, here’s an example…

          EXAMPLE: We can have more options! A consumer can either buy a subsidized phone with standard rate plans if they’d wish, or they could buy a phone at its full price and have lower rates and no contract required.

          On the other hand, with T-Mobile gone there’s less competition, and of course, no incentive to lower prices.

          Rethink AT&T monopoly of the 1980s.

    • Anonymous

      You clearly have done no research of the past. Ever heard of the saying, “History repeats itself?” This is NOT good for you, me, or anyone who subscribes to a wireless carrier.

    • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

      Uh, do you also want higher prices, less choice and crappy future handsets?

  • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

    This is great news and a big victory for consumers. We need T-Mobile to remain as a competitor. By having T-Mobile as a competitor, Verizon and AT&T’s rate plans are kept in check. And there are more choices for the consumer as well as way more innovation. Although, Sprint and C Spire have ulterior motives and reasons to block this merger, it indirectly benefits consumers at the same time. AT&T and its ally Verizon must be extremely angry by the judge’s decision.

  • None

    If they would let us out without an ETF, I would be gone tomorrow.  Just turn into AT&T already and be done.  I am tired of waiting.  People say “why dont you just leave”  I say, “why not let me go to AT&T NOW!”
    I have no subsidy.  They are holding me just to be absholes.

  • VoiceofReason

    I just switched to AT&T.  I read a whole bunch of horror stories mostly from those who don’t use them but those stories turned out false. 

    No more having my phone drop down to EDGE or GPRS.  No more SOS inside buildings or in-between cell sites in urban areas.  Streaming radio and videos load almost instantaneously without all the buffering I used to have.  

    AT&T also has coverage in many rural areas and suburbia where T-Mobile refuses to build out. 

    There are benefits to a combined company that many here refuse to accept.  Most people appear to be afraid of losing some old grandfathered rate plan or keep using the “bad customer service,” excuse that doesn’t really apply anymore.  

    Judging by T-Mobile’s record churn and AT&T’s record net adds it looks like most of the hate is by the same groupies who horde the internet tech blogs and not by real customers.  

    • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

      Hi there, nice try! I had AT&T, and AT&T drops to edge and GPRS all the time, and when it didn’t drop, it would be on 3G but with edge speeds! It also would go SOS when inside buildings. The real voice of reason here is, coverage depends on where you are located, and also no wireless carrier can guarantee service indoors. Oh and another thing… Did you know that AT&T and T-Mobile’s coverage almost COMPLETELY overlap? That’s right!! So your claim that there would be tremendous benefits in coverage are completely BOGUS!

      YOU: “Streaming radio and videos load almost instantaneously without all the buffering I used to have.”  

      ME: That’s awesome, but what about when you go over your data cap? OH NO!!! What’s that? You went over you data cap!!!!!!!!

      AT&T to YOU: That’ will be 25 dollars extra for an extra 2GB plus 10 dollars in overage fees!

      YOU: I love my service and I love paying extra and overage fees! This merger is great, it’s definitely in the public’s interest, now I have less innovation, less choice, non-existent carrier that offers unlimited data, because yes, the public WANTS to pay more money just because AT&T and Verizon feel like it! YAY!

      On a serious note, look at the wireless industries in other countries and then you’ll know why this merger is bad! I’m not a blogger btw and also I have no intentions of offending you or anyone here, I’m just voicing my opinion as you did yourself. :)

      The benefits that you speak of, are outweigh by the disadvantages of this merger.

      • Angie24

        @ fabio quit ur byytchinq u said so yourself it all depends were you live you said so yourself. Your mad at voice of reason because were he lives at&t works better than T-Mobile and were you live T-Mobile works better than at&t yes we get it! Get over yourself no company is perfect. Also it depends on what kind of phone you have. I have at&t and live in los Angeles I had an iphone 4 and atrix they both had horrible reception inside buildings the atrix always said “SOS ” the iPhone said no service. I was about to give up on at&t. But I gave them one more try and got a galaxy s2. Now in all THOSE buildings my att iphone said no service and the atrix said “sos” I now have at least 2 bars of service and I’m able to talk and send texts yes its not a 3G signal its usually an edge signal but hey at least I now have service no more “sos” I noticed the s2 has a better antenna than the atrix and iphone 4. And u also get mad at him for saying videos load instantly and u tell him that once u go over the 2gb limits they will charge him a lot at least they don’t slow down our speed to edge speeds after 2gb like T-Mobile because did u know T-Mobile does that? Or did u forget so take ur crap somewhere else because T-Mobile throttles u down to edge speeds after 2gb of usage. Also I don’t know on what planet u are living but at&t not only offers the 2gb plan. I got a plan that gives me 4GB of data usage for 45 bucks a month. So yea. Ur full of it and u know it. And yes I love paying overage fees cuz money is not a problem with me :). O also I forgot T-Mobile over here in los Angeles is crap my friends had MANY of there latest phones and they all drop down to “sos” inside buildings and they have to borrow my at&t s2 to make calls cuz I always have service.

        • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

          Wow, you’re quite rude, but that’s okay. First of all I will address some of the things you said…

          1) “And u also get mad at him for saying videos load instantly and u tell
          him that once u go over the 2gb limits they will charge him a lot at
          least they don’t slow down our speed to edge speeds after 2gb like
          T-Mobile because did u know T-Mobile does that?”

          First off, I am not mad at him/her, I was only trying to prove a point and show the negative side of AT&T. Second, I’m aware that T-Mobile throttles the speeds… -_____- …. How is this hurting a consumer’s pockets? The internet is STILL unlimited, so T-Mobile didn’t really lie and they specify that the first 2GB are at 4G speeds.

          2) “Also I don’t know on what planet u are living but at&t not only offers the 2gb plan”

          Yup, I live in planet mars! I am from outer space! Haha, seriously, I was only using the 2GB plan as an example, I never said that was the ONLY plan available.

          3) ” I got a plan that gives me 4GB of data usage for 45 bucks a month. And yes I love paying overage fees cuz money is not a problem with me :)”

          That’s great, you have your way of thinking and I have my own way of thinking. If money isn’t a problem for you congratulations, may god bless you! But I assure you that if Americans could vote on whether they want the top dogs AT&T and Verizon to lower the prices a bit, I’m 100% sure the majority of Americans would agree that they would like these carriers to lower their prices. 

          I am not mad because AT&T works better at one place and T-Mobile doesn’t and vice versa, All I am saying is that, this reasoning doesn’t justify this merger. So, I am against this merger and that’s it and I’ll scream it all I want it’s my freedom of speech!

        • JustSaying

          can you address some of the grammar issues in their statement too? haha ;)

        • Raycalles

          You could always go up to the 5 gb data plan if you use the internet that much its still much cheaper then competitors

        • Maggie74

          Agreed.  My family also moved to at&t like the other poster.  We moved 5 lines mainly because the wifey wanted an iPhone as did I.  We were hoping T-Mobile would strike a deal with Apple this last time around but they didn’t.

          I live east of you Angie in the Inland Empire.  First thing I noticed is that I have strong 3G signal almost everywhere.  Even in areas where the 3G signal is low data works fast and the speeds are consistent.  I wouldn’t have said this 1 or 2 years ago but it looks like AT&T has finally stepped it up a bit. 

          I know mergers sometimes means a loss of jobs.  Although I always feel bad for those in those circumstances I don’t buy my wireless service on the behalf of company employees.  I buy my wireless service that suits my needs with a phone I prefer.  (as we all should)

          I know T-Mobile suits the needs of some and the good thing is that if the merger they keep their uber cool rate plans and gain the added national coverage of a larger provider along with the promise of a rapid LTE deployment with a large HSPA + fall back.  

          Not all 100 million + of us at&t subs hate our carrier.  Some of us actually think they work great.  

          I’d like at&t to quickly address the large metro areas where congestion is more apparent and role out LTE in an accelerated fashion to better compete with Verizon. 

        • Richardthegrape

          Why don’t you get over yourself?!

          You basically just did what you claim Fabio did.
          Just worse, and with terrible grammar at that.If you’re with At&t, go hangout on their fan blog page.
          Gtfo.

        • Anonymous

          So you admit the phone makes a difference, Angie.. get a life.

          All of these people switching over to AT&T seem to be the same person with such terrible sentence structure.

      • Spanky

        For the past 3 months, my T-Mobile service has been on 4G, but with EDGE speeds. According to T-Mobile, this is caused by a mechanical issue at the cell site that serves my area, and that there is no timeframe for repairs. In the meantime, all service has been rerouted to a slow backup site. At this point, I think I’d rather pay a bit more money but actually get good service. Having said that, I certainly won’t be going to AT&T.

    • Jweimer02

      Have fun spending 500 extra annually, with a fraction of the data speeds

    • Anonymous

      Ok sooo. if the service is so good why does AT&T want T-Mobile? You know they’ve said they want T-Mobile because their network is overcapacity and nearing capacity in many places and they don’t have any other solution right?

    • Guest

      I am happy for your having better reception on AT&T.  I for one, love my t-mobile service.  And I would be completely ok with you being happy at AT&T and me being happy with T-mobile.
      I am not about to argue who is better and who is worse, I just like the fact that we, the consumers, still have a choice.

      • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

        Thank you! That’s exactly what I was trying to say!

    • Jeffreygreen1315

      Good for You! I had AT&T, got poor cell service and worst customer service and I refuse to endure that BS again! 

  • 123

    :( It is only a matter of time before the inevitable happens. 

    • Guest

      Well if the “inevitable” is in fact inevitable then they can take ALL the time they want.  I ma ride the T-mobile ride was long as possible, IF AT&T takes over I am jumping ship.

      • Geewhiz

        Jump ship to where?  You’ll wind up paying an ETF if on contract.

        It’s better to keep your current rate plan for as long as possible vs the alternative.  All eyes will be on AT&T.  Up to this point they are saying we can keep our rate plans even if we upgrade. 

        • Anonymous

          If that is a true statement from AT&T then I can see people sticking around.  Now if they say we would have to change plans to their rates and terms if we want a new phone, particularly one that will work on their network, then there is going to be problems. 

          I’m also interested to see what exactly they plan to offer TMO customers as a phone replacement that will work on their network.  Is it going to be some entry level device, or one comparable to what the customer owns at the time?

  • Wilma

    I mean:  I can understand how Sprint feels threatened and all… but I hate the fact that they are suing over “devices.”  It’s the OEM’s  Apple, Motorola, HTC etc who make these exclusive deals with carriers in order to command a premium on the cost of these phones.  If Sprint has to sue to force the OEM’s hands to let them have any device they want then it really shows how weak and desperate they are.  

    I just think Sprint doesn’t want to compete the old fashioned way.  Instead they feel they’ll make more ground by suing in the courts.  

    Not all businesses are made to last forever.  If Sprint can’t compete then maybe the market doesn’t need them anymore.  If they were that great customers would be flocking to them.   There are better carriers on the high end and much better value priced carriers on the low end.  These are market forces at work.  They don’t need govt. intervention to save them.  

    • Deceptivesmiles

      Nobody’s doing business the olf fashion way anymore. Apple’s been suing every phone manufacturer since Android became popular due to pantent infringement.

      The main focus should be the leaked documents. They can get what they need to get done w/o Tmo. AT&T doesn’t like comp and will eat it up and take it if they can’t beat em to the ground

    • Wilma Flintstone

      Just to be clear, this Wilma is not me.

  • 123

    I really wish the court would just decide right now. I don’t like this suspense. 

  • ItsMichaelNotMike

    The three most significant aspects of the Judge’s ruling are:

    – She did not toss the cases. That is always disheartening to the moving party when a Judge does not dismiss the entire matter. It means AT&T and DT will have to fight a many front war (and if you are a WWII history buff, you know what that means to winning, it makes it all the more difficult to prevail).

    – The Judge’s ruling is an indication as to what THIS Judge thinks about the case. If the Judge was inclined to find on the DOJ v. AT&T, et al. case that there is no violation of the Clayton Act, then she probably would have tossed out COMPLETELY the Sprint, C Spire cases. So this is a bad, bad sign for AT&T, DT.

    – The logic of the ruling is also significant. It appears that the Judge agrees that this deal may cause injury. To reach that conclusion the Judge had to somewhat rule on the merits of the DOJ case, on the causation issue. In other words, the Judge has somewhat preliminarily ruled on the liability issue, that AT&T’s acquisition violates the Clayton act and liability having been “decided,” the parties need only prove damage (injury). In a sense she has sent a signal that she will be ruling in the DOJ’s favor.

    Of course AT&T, DT will put the best spin they can on the decision, but when they get back to the office they won’t be doing any celebrating, based on the above, IMO.

    Sidenote: I have yet to read the ruling so the above is simply based on conclusions from other cases.

  • ItsMichaelNotMike

    Although AT&T would have liked the big win, AT&T does win some:

    AT&T does not have to enter arbitration with customers who seek to block to the Company’s takeover of T-Mobile, a California federal judge ruled.

    Consumers Leslie Bernardi and Deborah Schroeder had filed suit separately in hoping to block the merger and enforce arbitration agreements under the Clayton Act. AT&T asked the court to prohibit the arbitrations, saying that the demands were outside the scope of the arbitration agreements that each customer signed because they aim to represent a class.

    The Judge ruled though there is no explicit class allegation in the arbitration demand, the 9th Circuit Court of Appeals ruled that courts can make decisions based on whether litigation “resembles a class action in substance, if not in form.”

    The Court noted that twenty-four such arbitration cases have come before federal judges in eight districts so far. Three courts already ruled on their cases, all in favor of AT&T.

  • Anonymous

    Why dont ppl look at this from a business standpoint? DT wants to get rid of tmo usa by selling to the highest bidder (which happens to be att)…..DT has given up on tmo us. Tmo us is not thriving as evidenced by quartely numbers. You cant just say keep tmo in the us bc they keep vzw, att and sprint in check with prices. Tmo is the cheapest carrier but i believe thats out of necessity. Low price is tmos main advantage over its national competitors….unfortunately, low price isnt bringing new customers over in large amounts. This case is far from over. I think dt has to be the biggest advocate of this deal in order for it to get approved. Theyve been sitting on the sidelines watching att battle the opposition. Since dts tmo usa is the company to be bought, they neef to rally around the cause. “big bad” att cant convince the judge, doj or fcc on their own.

    • Frank

      T-Mo should be releasing their Q3 financials within the next week or so.

      I have a feeling that if they’re as bad as I think they might be, the DOJ and FCC might start leaning more AT&T’s way.

    • JustSaying

      Yeah LETS look at it from a business standpoint.. T-Mobile is part of a German company.. our economy sucks… we NEED other countries to invest in our country.. therefore we NEED T-Mobile to stay in the U.S! I don’t care if DT goes broke dumping money into TmoUSA! at least that money will be in OUR economy!

      • Greg

        DT has already signed off T-Mobile as a loss. They’re not going to dump any more money into it. At this point, they’re looking for an exit strategy to get out from under a failing business and the gov’t is making it difficult for them.

        In the short term, it would be nice to keep them pushing money this way. If you consider the broader future, though, foreign businesses are going to look at this fiasco with the DOJ and think twice about starting up operations here.

        • JustSaying

          The fiasco is how DT is handling this.. you don’t just give up on a company after 10+ years. If they are wanting to “pull out” now.. they shouldn’t have ever started operations in the U.S in the first place!

        • Anonymous

          LOL TMO USA still profits over a billion a year . Yeah just write it off as a loss . And five companies bid for TMO why exactly ? One of the options was turning TMO USA over to shareholders .

        • Frank

          They did manage to turn over a billion in profit last year, but they were able to do it at the expense of not investing in their future like the other carriers are doing.

          At this point, DT is trying to squeeze dollar of profit they can, without putting anything back in. A strategy like this can only last so long.

        • Yancy

          Are you on drugs? Have you seen what tmobile has done with there 4g network in the last 2 years? They have put up more then 7 towers in my city and city’s around me this year. I guess that’s not investing. I guess they just used a credit card.. SMH!

        • Anonymous

          Nah Frank . TMO will just have to sell to someone else that is not Sprint , Verizon , or ofcourse AT&T . The FCC will block even if it does get past the DOJ . They had 5 suitors . 3 of which we don’t know about yet . Verizon would make a play for MetroPCS if this acquisition is allowed to happen . They would  be able to make identical arguments as AT&T . They would be foolish not to . It really has now become a matter of how long does AT&T want to play this dog and pony show .

        • Blackcat3119

          Good to see a few ppl here actually know facts befor posting. I always laugh when ppl post tmo is a failing business. A billion a year profit is failing? Tmo will just shut it down? Yeah sure. What’s a billion $ anyway. Geez.

        • Dpro

          Your understanding of International business and acquisitions is appalling. lol

          You are correct about DT wanting out and looking for an exit strategy and not wanting to dump any more money into T Mobile USA.
          What you fail to realize is the DOJ has a valid anti competitive duopoly argument here should AT&T cough cough err SBC be allowed to finish this acquisition.
          Do you not think the EU does not have their own Anti trust/ Anti monopoly/Duopoly polices in place.
          Perhaps you are to young to remember the whole Microsoft case in the EU.

          Though I digress a bit on that. Fact is the DOJ will be successful in blocking this. Fact is it will not discourage foreign business from investing in the U.S. at all. Its not a fiasco, its the regulatory system working exactly as it is supposed to.
          The DOJ is not telling DT you can’t sell T Mobile USA. They are telling them you cannot sell them to a company that would wind up creating a monopolistic situation.
          They are saying go ahead and sell the company to someone that keeps a valuable player in the market still in the market.
           Do you not think international businesses already know about these policies? What turnip truck did you just fall off?

          This whole deal sells the consumer short as well as unsurping our anti trust policies. From my point of view its about time the DOJ stepped up their anti trust/ anti merger policies. To many major mergers have gone through in the last few years that have been anti consumer and actually destroyed smaller business’s in the U.S.

          Its about time merger mania got reined in. Unless you enjoy everything in the U.S. being owned by one or two controlling corps. in their particular fields.
          Which is basically anti competitive and anti consumer.

        • ItsMichaelNotMike

          Well said.

    • Jeffreygreen1315

      There are lots of people looking at this from a business stand point and we understand that DT wants to dump Tmo; we just don’t want to be dumped to AT&T!

  • TMoFan

    It’s really pathetic to see DT/at&t dig in their heals and fight for this thing when it gets bleaker for them as time goes on. To those who think T-Mobile will just wither and die know that Obermann has said that they were in talks with five other companies. Obviously they went for the money with this one, but don’t let them fool you: they will just sell out to the company with the next highest offer in a heartbeat. Sooner or later this will be finally over and T-Mobile will be better for it. Much better than getting bought out by at&t.

    • JustSaying

      How will it be o.k for another company to buy T-Mobile? Just doesn’t make sense… T-Mobile is in too important in the U.S wireless industry to just be sold off. I don’t want them to be eliminated and the AT&T’s acquisition will probably fail.. judging by what’s been happening.

      • Hamster

        T-Mobile getting sold doesn’t mean they’re eliminated, necessarily. They could be sold to any company interested in competing in the cellular industry. The only they get eliminated is if they get sold to ATT, Verizon, or Sprint. And of those companies, ATT and Verizon would be the worse ones. T-Mobile pretty much has to change ownership eventually. DT isn’t investing in it any more. It has to be sold to someone or die. That’s what TMoFan was saying he still expects to happen if/when the ATT deal gets blocked.

        • http://pulse.yahoo.com/_JJVKXM24LVDN5TMKIYU3UHZVRY the Paul-father, Papi, Big P,

           If the deals doesn’t go through, TMobile gets 3 Billion. That’s a lot to invest in the company. Hopefully that will cause some T-Growth.

        • Frank

          Unfortunately, though, that money goes to DT and not T-Mobile. DT has said they’re not going to invest it back into us :(

      • TMoFan

        A sellout to another company would more than likely mean that T-Mobile retains its place as a national carrier and the US would still have four of them instead of moving from four to three.

  • ogopogo

    Yay! For those opposing the merger this is a good thing. This gives us good insight to the judge’s thought process. The fact that she did not dismiss the Sprint/C-Spire cases indicates that there is enough info to prove cause.

    This also has AT&T doing battle on multiple fronts!! Not a good position to be in if you are AT&T.

    Keep our prices low, keep everything competitive, and keep the Ma Bells in check!!!!!

  • http://twitter.com/GusGomez G4tro

    I’m so sick of this just get the damn thing over with so we can have better choices on handsets….I didnt want this to happen but if its gonna happen just let it be sooner than later….

    • Anonymous

      I agree.  Its like sh*-t or get off the pot.  All of this dragging out of the process does nothing but string along the customers, the companies, and make the lawyers for ATT, Tmo, and the federal government money.  With the amount of money being spent on this deal they could probably hire and have hired enough aids to cover their legal grounds and present their cases to the judge by now.

  • My2Cents

    I don’t understand all the talk about how bleak the situation is at T-mobile.  How T-mobile is dead without DT.  T-mobile has been running at a profit for quite some time, and is in no danger of going into the negative anytime soon.  The “bleak” situation we speak of is because in this market growth is expected, whether is subscribers or revenues.  I agree it hasn’t been moving in the right direction for t-mobile since the Iphone launched.  If T-mobile USA is having issues it’s not because we aren’t generating revenue, it’s that DT is not reinvesting the profits it makes off of TMO usa back into TMO usa. 

    If you want to talk about bleak situations.  Sprint hasn’t made a profit since 2007.  Even with there so called resurgence back into the marketplace. 

    • http://pulse.yahoo.com/_JJVKXM24LVDN5TMKIYU3UHZVRY the Paul-father, Papi, Big P,

      Sprint has made some not-so-profitable moves, such as Clear, that have moved them back from a strong carrier. This move to purchase the iPhone may or may not be the best idea, as the only good phones they have at the Evo and the Samsung Galaxy S2. 

      If this deal does go through, Sprint is my first consideration. So long as they don’t cap their mobile data plans, they will stay afloat. Hopefully it will get them back into the black.

  • Plankton

    Fools! Just move to C-Spire! They rock, or so I am told. We will see how they do in the future but with their EVDO/LTE buildout they might be the ticket.

    David can get his iphone5s for a few extra bucks a month!

    Once you see iOs running on a modified Droid, its all over but the singing!

  • joe

    Loving the spin on this by all parties declaring victory.   Surprise surprise…

  • Me

    who wrote this article?  did they proof-read it prior to posting?

  • Wilma Flintstone

    As I stated before, the ONLY good I see coming from the AT&T Takeover is that the GSM phones that I want will be guaranteed to work on 4G.  Other than that, there is nothing Good that I can make from this.

    Now I want a good clean fight AT&T, C-Spire and Sprint.  No hitting below the belt like this *Thud*, No Eye Gouging like this *Poke*, and DEFINITELY no use of weapons like this *Thwap, Smack, Smash, Crash, KAPOW*!!!  Ahh the good ol days of Looney Toons, KABLAM from Nickelodeon, Image and Marvel Comics.  :D

  • Jeff

    What worries me the most is articles like this:

    http://money.cnn.com/2011/09/06/technology/tmobile_options/index.htm

    • http://pulse.yahoo.com/_AWWIKW6MNPUHOC4OVSHWUDWAHM Fabio

      The person who wrote that article doesn’t have the slightest clue about what he’s talking about! He’s just trying to confuse us. The media ALWAYS try to confuse us. “Without AT&T, T-Mobile is a wireless white elephant”. If you pay attention, the headlines of that article is trying to suggest that only AT&T, and only AT&T, can purchase T-Mobile USA. And that is completely bull crap. Here’s a hint… Vodafone, a wireless company from Europe WANTS entry to the U.S market, and they were going to buy T-Mobile and AT&T bid higher than them because they’re afraid of competition! Also Sprint and many cable companies were bidding for T-Mobile!

      Why is AT&T paying such a high price for T-Mobile? Because everything will work in their favor if it happens. They’ll have less competition. They’ll have the power to raise prices, given their GSM monopoly! And guess what? The 39 Billion dollars will get passed on to us, the consumers. WE will pay for the elimination of T-Mobile as a competitor.

      • TMOTECH

        Yep

  • Askndrany

    waiting for vodafone to enter the market

    • GregP74

      Doesn’t Vodaphone own 45% of Verizon?

  • Anonymous

    Theres so much money, time and effort being spent on both sides concerning this deal. The whole approval process seems backwards to me. I would think that this att/ dt deal or any other deal of this magnitude shouldve been proposed to the doj and fcc first before any public announcement was made. Its seems odd to announce a proposed deal publicly then fight tooth and nail to actually get it approved. Its like trying to move into a college campus before you actually get accepted…..or preparing to move into a new house that you havent officially closed on yet…..just imagine if att and dt went to the powers that be first to see if there was any way theyd give this deal their blessing…..alot of resources couldve been saved……i understand this isnt how things are done…..just makes more sense to me. You secure approval first, then proceed with the deal, not hope or assume a deal will get approved, make public announcement, make commercials, etc only to hit roadblock after costly roadblock….just my two cents.

    • Strollerpusher

      That unfortunately is what we should be preventing… the backroom deals which don’t get the light of public oversight. These folks “in power” can’t be trusted.  The $$$$$$$ behind the companys would win out every time and we’d be left wondering WHAT THE HECK HAPPENED that THAT got approved.

  • ElJimmy

    Another bang up job by the proofing department over at TmoNews…
    Now for a quick translation. (See parentheses below for a more enjoyable reading experience) “This now ruling now forces…” (This ruling now forces)”…the first one agains the…” (the first one against)”…they wold be hurt…” (they would be hurt)David, more than anyone else, always manages to keep me busy with these articles!