Judge Allows Parts of Sprint Lawsuit Against AT&T Acquisition of T-Mobile

A U.S. judge has allow parts of the C Spire and Spring lawsuit against AT&T's proposed acquisition of T-Mobile USA.

Where private plaintiffs have successfully pleaded antitrust injury, the fact that they are defendants' competitors is no bar, Judge Huvelle said before allowing Sprint and C Spire to proceed with their claim that the merger would make it difficult for them to acquire wireless devices. The companies had claimed that after the merger AT&T and Verizon would be in a better position to get exclusive handset deals, while foreclosing their access to the most innovative handsets and raise their costs.

The Judge also allowed C Spire to proceed with its complaint that the merger would have implications on the market for roaming services. As roaming is a necessary input for C Spire, its concern that the removal of T-Mobile from the marketplace would leave only AT&T as a potential GSM roaming partner might be enough to demonstrate its antitrust standing, Judge Huvelle said.

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