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Federal Judge OKs Final Judgment With DOJ's Proposed CenturyLink/Level 3 Divestitures

A judge approved DOJ's proposed CenturyLink-Level 3 divestitures to remedy antitrust concerns under Clayton Act Section 7 about CenturyLink's 2017 takeover. The final judgment in civil action No. 17-2028 signed Tuesday by Judge Ketanji Brown Jackson of U.S. District Court…

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in Washington appears the same as the proposed final judgment DOJ entered Oct. 2 to clear the deal with conditions (see 1710020050). CenturyLink must divest Level 3 metro network assets in Albuquerque, Boise and Tucson. It also make de facto divestitures of 24 strands of dark fiber connecting 30 pairs of cities, through "indefeasible rights of use" for 25 years, with two five-year extensions optional. The judgment gave CenturyLink five days to make the divestitures, with up to 60 days of extension allowed, and Justice Thursday gave CenturyLink a 30-day extension. CenturyLink didn't comment. The FCC voted 3-2 to clear necessary license transfers Oct. 30 with targeted conditions (see 1710300065 and 1710310036); the deal closed Nov. 1 (see 1711010044); and DOJ issued a competitive impact statement Nov. 14 (see 1711160007). The department's complaint and other major documents are here.