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DOJ May Not Join Suit to Block T-Mobile/Sprint; More AGs Join State Case, to Begin Oct. 7

DOJ may not get involved in a lawsuit to block T-Mobile from buying Sprint in a case involving states, as four more states joined 10 other states' suit against the deal, a court that will hear the case beginning Oct.…

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7 apparently was told Friday. That's according to an attendee and other stakeholders including a spokesperson for co-plaintiff New York. During a status-type hearing in New York, "a lawyer for T-Mobile noted that it was 'very unlikely' that the DOJ" will sue by participating in this case, recalled New Street Research's Vivek Stalam. That could also mean that Justice won't challenge the states' case. U.S. District Judge Victor Marrero "seems open-minded," the analyst wrote investors. "Referring to the threshold questions of the case, Judge Marrero noted both traditional antitrust questions around market concentration, as well as the impact of 5G, and whether incremental competition in one market could offset anti-competitive effects in another." Four more Democratic AGs joined the suit, Stalam noted, as expected (see 1906140041). Hawaii, Massachusetts, Minnesota and Nevada's addition was reflected in an amended complaint filed Friday, the New York AG's office announced. "State AGs are adamant about continuing with the litigation even if the merger were to receive DOJ and FCC approval prior to the trial date, surmising that any such approvals would require additional review and analysis to ensure compliance with the States’ antitrust concerns," wrote the Rural Wireless Association. RWA backs the suit. DOJ didn't respond to requests for comment and T-Mobile declined to comment. FCC Chairman Ajit Pai said separately Friday that clearing T-Mobile/Sprint is “one of the most critical steps the agency can take” to promote mid-band 5G (see 1906210045).