DOJ Asks Court for Decision in Tunney Act Review of T-Mobile/Sprint Settlement
DOJ, reviewing its settlement with T-Mobile/Sprint/Dish Network under the Tunney Act, asked U.S. District Judge Timothy Kelly in Washington to move forward with a decision. “The proposed Final Judgment will provide substantial long-term benefits for American consumers by, among other…
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benefits, ensuring that large amounts of currently unused or underused spectrum are made available to American consumers in the form of two new advanced 5G networks,” said a Monday pleading (in Pacer) in docket 1:19-cv-02232: “The proposed Final Judgment further provides for a substantial divestiture which, when combined with the mobile wireless spectrum already owned by DISH … will enable DISH to enter the market as a new 5G mobile wireless services provider as well as an additional nationwide facilities-based wireless carrier.” Justice noted states challenging the deal in U.S. District Court in the Southern District of New York “have declined again in their second amicus brief to take a position on the specific question before this Court, and they agree with the United States that their merger challenge and this Tunney Act proceeding present different legal questions under two different statutes.” Dish also filed. “The carefully-crafted remedy imposed by the United States addresses the competitive harm alleged to result from the merger by, among other things, facilitating and accelerating DISH’s entry into the consumer mobile wireless market,” the company said (in Pacer). “Having DISH competing head-to-head with AT&T, Verizon, and New T-Mobile will ‘provide substantial long-term benefits for American consumers.’”