The Sunday Brief

Connecting technology, telecommunications, and the internet

UPDATED: Deeper – The State Attorneys General Make Their Case

by | Aug 5, 2019 | TSB Deeper

** Updated to include Chairman Pai’s press release **

The following nine articles serve as a good primer for the upcoming Attorneys General case against T-Mobile/ Sprint (we will add additional articles as they are suggested/ discovered):

  1. Original complaint filed by ten Attorneys General (nine states and DC) in mid-June. Note: most of the details of Dish’s involvement were not known at the time of publication
  2. An Economic Analysis of the T-Mobile/ Sprint Merger presented to the US House Subcommittee on Antitrust, Commercial and Administrative Law by Scott Wallsten. This is a true “balls and strikes” analysis
  3. Attorney General of Texas announcement that they were joining the T-Mobile/ Sprint merger complaint
  4. Bi-partisan letter from the Attorneys General of New Mexico (D) and Utah (R) to the US Senate Subcommittee on Antitrust explaining why they support the merger (hint: density matters). Their joint blog post on the topic reiterates the same points and is here
  5. New York Law Journal article reiterating the arguments that are made in the 9-state (+ DC) complaint
  6. The Electronic Frontier Foundation comments on the use of the Herfindahl Index concentration as the basis for rejecting the T-Mobile/ Sprint merger
  7. American Enterprise Institute analysis of the use of counterfactuals when considering the T-Mobile/ Sprint merger
  8. Former FCC Commissioner Robert McDowell: Blocking the T-Mobile/ Sprint merger is a “Fool’s Errand” (Bloomberg interview here).
  9. Oregon joins the lawsuit (but the NY Attorney General announces it) on August 12.  
  10. The FCC Chairman’s announcement that he is circulating a draft Order to approve the merger.



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