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Sprint T-Mobile Merger Stay Is Denied By SDNY Judge Marrero

By Matthew Russell Lee, Light Reading, Patreon

SDNY COURTHOUSE, Feb 11 – The two week trial against the proposed T-Mobile / Sprint merger ended on December 20 before U.S. District Court for the Southern District of New York Judge Victor Marrero. There are papers due January 8, and a final four hour argument on January 15. Inner City Press began what will be a trial-long live-tweet, here. Day 7 Patreon here.

 Now on February 11 Judge Marrero has ruled: " The following transaction was entered on 2/11/2020 at 8:11 AM EST and filed on 2/11/2020 Case Name:    State of New York et al v. Deutsche Telekom AG et al Case Number:    1:19-cv-05434-VM-RWL Filer:     Document Number:    409 Docket Text: DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that the request of plaintiffs, the States of New York, California, Connecticut, Hawaii, Illinois, Maryland, Michigan, Minnesota, Oregon, and Wisconsin, the Commonwealths of Massachusetts, Pennsylvania, and Virginia, and the District of Columbia, for an injunction pursuant to Section 7 of the Clayton Act, 15 U.S. C. Section 18, to restrain the proposed acquisition of Sprint Corporation by T-Mobile US, Inc. is DENIED, and the Clerk of Court is directed to enter judgment in favor of defendants Deutsche Telekom AG, T-Mobile US, Inc., Softbank Group Corp., and Sprint Corporation. The Clerk of Court is directed to terminate any pending motions and to close this case. (Signed by Judge Victor Marrero on 2/10/2020) (rro) Transmission to Orders and Judgments Clerk for processing."

  Inner City Press tweeted the above, and will have more on the 170 page order which was signed on February 10, when Judge Marrero oversaw a Bronx gang trial, here. Watch this site.

  On December 20 Professor Shapiro testified for the second time how the merger would allow coordination and raise prices. Day's thread here.

  Then a final flurry of exhibits entered into the record, and more agreement by Judge Marrero to file many under seal. The defense team wanted no briefs, but there will be 30-page proposed findings of fact and law on January 8, before the closing arguments on January 15. Watch this site. More on Patreon here.

  On December 17 Charlie Ergen of DISH testified, saying for example that "Sprint is a laggard." Judge Marrero agreed to hear the parties in his robing room, and then and only then decide whether to release a redacted transcript. Some asked, Public interest?  The case is State of New York, et al., v. Deutsche Telekom AG, et al., 19-cv-5434 (Marrero).


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