Mergers & Acquisitions,
Antitrust & Trade Reg.,
Administrative/Regulatory
Feb. 26, 2020
In T-Mobile and Sprint merger, court sidesteps the economics
This is the rare antitrust case that can be reduced to a credibility contest between testifying witnesses or decided correctly based on the court's gut business instincts.
Jonathan Rubin
Partner
MoginRubin LLP
Email: jrubin@moginrubin.com
Jonathan Rubin, Partner at MoginRubin LLP, focuses his legal practice on antitrust and competition law and policy. Mr. Rubin has led trial teams in major antitrust cases, steered mergers through agency clearance, and represented numerous businesses and associations as antitrust counsel before the antitrust authorities in industries as diverse as consumer finance and telecommunications. He has also testified on antitrust matters before U.S. House of Representatives and Senate committees.
Tim LaComb
Counsel
MoginRubin LLP
Email: tlacomb@moginrubin.com
Timothy focuses his practice on antitrust, unfair competition, and complex business litigation, particularly as they relate to mergers and acquisitions. Mr. LaComb has helped secure several multi-million-dollar recoveries in merger-related class action litigation.
Following a two-week trial, the Southern District of New York ruled against attorneys general from 13 states and the District of Columbia who sought to enjoin T-Mobile's acquisition of rival wireless provider Sprint. Because the U.S. Department of Justice had previously determined the merger would be unlawful absent conditions negotiated with the parties, the primary issue at trial should have been whether the agreed-to behavioral and structural remedies actually cure...
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