Get 40% Off
👀 👁 🧿 All eyes on Biogen, up +4,56% after posting earnings. Our AI picked it in March 2024.
Which stocks will surge next?
Unlock AI-picked Stocks

Testimony begins in U.S. states' lawsuit to block T-Mobile/Sprint deal

Published 12/09/2019, 03:24 PM
Updated 12/09/2019, 03:24 PM
© Reuters. FILE PHOTO: A T-Mobile store is pictured in the Brooklyn borough of in New York

By Sheila Dang and Diane Bartz

NEW YORK (Reuters) - Witness testimony began Monday over an effort by U.S. state attorneys general to stop T-Mobile US (NASDAQ:TMUS) Inc from buying Sprint Corp, in a case that highlights disagreements between federal antitrust enforcers, who are Republican, and Democrats in powerful states.

Attorneys for the 13 states and the District of Columbia, led by New York and California, are seeking to prove in Manhattan federal court that a plan to combine the No. 3 and No. 4 wireless carriers would push up prices, particularly for users of prepaid plans. The state officials, all Democrats, asked Judge Victor Marrero to order the companies to abandon the deal.

Sprint chief marketing officer Roger Sole took the stand Monday morning. He testified about the company's strategy for enticing customers from competitors, which included slashing prices and touting its efforts to move to next-generation 5G technology.

The states presented evidence on Monday that T-Mobile's prepaid brand MetroPCS lowered the price on its phone plans in 2016 in the same week that Sprint introduced an aggressive promotion to offer phone plans comparable to Verizon (NYSE:VZ), AT&T (NYSE:T) and T-Mobile, but at half the price.

The evidence is central to the states’ argument that Sprint and T-Mobile as standalone companies force competition between the carriers and provide the best deal for consumers.

Sole testified that the promotion’s "early success faded away pretty soon," due to negative perceptions of Sprint’s network quality. The companies argue that the stronger T-Mobile that would result from the proposed $26.5 billion takeover would be better able to innovate and compete to push down wireless prices.

3rd party Ad. Not an offer or recommendation by Investing.com. See disclosure here or remove ads .

The case represents a break with the usual process of states coordinating with the federal government in reviewing mergers, and generally coming to a joint conclusion.

This deal had been contemplated in 2014 during the Democratic Obama administration but enforcers at the Justice Department and Federal Communications Commission urged the companies to drop the idea, which they did.

Fast forward to 2019, and the Republican Trump administration signed off on the planned merger after the companies agreed to sell Sprint's prepaid businesses popular with people with poor credit to satellite television company Dish Network Corp.

Setting up satellite company DISH as a wireless carrier is "patently insufficient to mitigate the merger's competitive harm," the states argued in a court filing.

T-Mobile CEO John Legere, who steps down in April, last month acknowledged talks with Sprint to extend the merger agreement and did not rule out lowering the $26.5 billion price that was originally agreed upon.

In a pretrial filing by the companies, they said the stronger, merged firm will be better positioned to compete with AT&T and Verizon as the world moves to the next generation of wireless, or 5G.

"Prices will go down, not up, as a result of the merger," the companies argued in their filing, saying the deal would create $40 billion in efficiencies.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.