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Justice Dept. Files Antitrust Complaint Against AT&T and T-Mobile Merger

Hitting the front page for the first time, AngryDeuce writes with a piece of exciting news hot off the news wire. From the article: "The Justice Department is blocking AT&T's $39 billion deal to buy T-Mobile USA, saying the acquisition of the No. 4 wireless carrier in the country by No. 2 AT&T would reduce competition and raise prices. The deal has faced tough opposition from consumer groups and No. 3 carrier Sprint since it was announced in March." The DOJ has released a full statement on their decision to file the antitrust suit, and AT&T has drafted a response. So much for AT&T's paltry promise of bringing 5000 unskilled call center jobs back to the U.S. if the merger were approved. Competition may yet live!

47 of 301 comments (clear)

  1. + 5000 jobs, - many more. by JustAnotherIdiot · · Score: 4, Insightful

    Sure, they'd hire 5000 new people, but how many would they fire from T-mobile in the process?
    My money is on a good deal more than 5000.

    --
    What do I know, I'm just an idiot, right?
    1. Re:+ 5000 jobs, - many more. by tripleevenfall · · Score: 4, Funny

      Throttling bandwidth, stripping out cost savings opportunities from service plans, locking down phones... that's a lot of work.

    2. Re:+ 5000 jobs, - many more. by sl4shd0rk · · Score: 3

      I think those jobs would most likely be offshored despite what tfa says. I ha
      ve yet to speak to anyone in a call center who's primary language is English.

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    3. Re:+ 5000 jobs, - many more. by h4rr4r · · Score: 3, Informative

      I am sitting a floor above ~400 call center agents, this is in the USA. 100% of them use English as their primary language. 10% of them also speak another language.

    4. Re:+ 5000 jobs, - many more. by yog · · Score: 3, Insightful

      I really hope this deal doesn't go through. T-Mobile is a great carrier. Not enough towers, but their plans are easy going and their customer service is top notch. I just added 2G of internet for my wife's phone, plus a few more anytime minutes, for $5 a month more. Now I just need to get her an Android phone so she can actually use it. T-Mo has good plans with and without contracts. Plus, they allow tethering for no extra charge, unlike Verizon and, I believe, AT&T. I just hope T-Mo can stay independent for a few more years until some other technology takes over, like VOIP over wimax.

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    5. Re:+ 5000 jobs, - many more. by BJ_Covert_Action · · Score: 2

      I used to speak to people in call centers whose primary language was English all the time. Of course, the company that owned those call centers was T-mobile USA, and when I called them, the call center employees were friendly, honest, straightforward, and tried to work with me.

      Then, all of the sudden, a few months ago, every time I called a T-mobile call center, I talked to someone who I could barely understand and that couldn't think past the script in front of them. I wonder what happened to T-mobile a few months ago that caused that to occur....hmmmmm.

    6. Re:+ 5000 jobs, - many more. by SomePgmr · · Score: 2

      Not only does AT&T require you to pay for tethering, if you had an old Cingular "unlimited data" plan, opting into tethering means you permanently relinquish your data plan for the new 2gb one. Even if you then cancel your tethering, you can never get your plan back.

    7. Re:+ 5000 jobs, - many more. by Jethro · · Score: 2

      Every time I call t-mobile customer service, I get English speakers. I just called them yesterday.

      Also a bit of a different point, but many people in India are in fact 'native' English speakers, as English is one of the official languages in India. Half my family is from there, and they all speak English as a first language (among a few others). You probably mean people without a funny accent.

      --


      In the land of the blind, the one-eyed man is kinky.
    8. Re:+ 5000 jobs, - many more. by hairyfeet · · Score: 2

      God that is the only time I miss having an Indian coworker! Every time I deal with one of those desk jockeys all I can do is wish I had Ms Sakar beside me again so I could say "Here, deal with this dipshit" and hear her curse his ass in Hindi. It was soooo funny to watch this little 90 sound Indian woman going "NO you do NOT tell me to reboot! I have a dozen degrees and I'm NOT gonna reboot, because that will NOT fix the problem! Now you give me someone who knows what they are doing!" followed by a stream of what i'm sure was choice Hindi curses.

      As for TFA thanks to Citizens United and even one of the members of SCOTUS taking bribes I have no doubt they WILL get to merge, fire tens of thousands of Americans, and screw millions more, they just need to cut the checks to the right people first. Like it or not we are quickly becoming a banana republic, with rampant bribery and corruption to rival our friends south of the border. Hell if they didn't do anything when a CEO went on record about how they considered Intel's bribes to be "like cocaine" and how they had whole quarters during the price wars where the ONLY profits Dell saw were kickbacks? What makes you think they are gonna stop this, which affected a hell of a lot less people?

      AT&T just hasn't bribed the right people yet, but don't worry citizen, they will.

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  2. Sudden Outbreak of Common Sense? by halfEvilTech · · Score: 2

    I thought I would never live to see the day that a governmental department would block yet alone sue to block the merger of two mega corps.

    1. Re:Sudden Outbreak of Common Sense? by Miamicanes · · Score: 4, Funny

      Holy shit. There IS a ${deity}, after all.

      (looks out the window)... wow, it's snowing outside (in South Florida), too!

    2. Re:Sudden Outbreak of Common Sense? by SomePgmr · · Score: 2

      True. Minor concessions will be made, AT&T will still plan to screw everyone in other ways, everyone at the DoJ will pat each other on the back for having done their due diligence and the thing will move forward. Real competition and common sense will lose, as usual.

    3. Re:Sudden Outbreak of Common Sense? by hedwards · · Score: 2

      I predict that if the DoJ does ultimately give the OK that Sprint will file its own antitrust suit against AT&T to block the merger. Ultimately, they'd almost certainly win, the only conclusion one can make is that there would be reduced competition. Whether prices and service suffers as a result would largely be rendered moot by the decrease from 4 to 3 and possibly 2 when Sprint can no longer compete with both AT&T and Verizon.

  3. Hallelujah by Jeng · · Score: 4, Insightful

    If I wanted AT&T as my service provider I would have subscribed to their service.

    If you have to buy customers perhaps it's time to change ones business strategy.

    --
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    1. Re:Hallelujah by tsotha · · Score: 2

      This is more about buying spectrum than buying customers.

    2. Re:Hallelujah by tsotha · · Score: 2

      The spectrum is worth more to AT&T because they have customers to fill it. There are markets where service is spotty and they can't add new customers because they don't have the bandwidth. I'm thinking specifically NYC, but there are others.

    3. Re:Hallelujah by mooingyak · · Score: 2

      You may not be aware that Sprint was set to buy T-Mobile for $10B less than AT&T. How could T-Mobile be worth more to AT&T unless they intended to engage in anticompetitive behavior?

      Maybe AT&T thought that Sprint was getting T-Mobile at a bargain? Not saying that's the case, but the fact that AT&T was willing to pay more than Sprint to acquire T-Mobile doesn't really imply anything by itself.

      --
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    4. Re:Hallelujah by 517714 · · Score: 4, Informative

      They need more towers, not more frequencies. Accidentally leaked documents show that they are aware of the problem, that they chose not to solve the problem, and that the purchase of T-Mobile is not a real solution.

      --
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    5. Re:Hallelujah by tsotha · · Score: 2

      It's not as simple as just adding a few new towers. They'd have to re-layout the entire network. That would be many billions more than purchasing T-Mobile. Of course you can overcome spectrum problems with more towers - that's the point of a cell network, after all. But putting up a cell is very, very expensive, especially in a place like NYC. You can't just move them around at a whim.

  4. Hallelujah! by Savantissimo · · Score: 5, Informative

    Their own internal documents show AT&T does not need T-Mobile to expand service, and that AT&T intends to raise prices. This is a deal that should not happen. At last the DOJ does something right on the merger front.

    --
    "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
  5. Re:AT&T's Response by chaboud · · Score: 2

    Agreed. I'm quite happy that the Department of Justice has fallen on the side of reason (for once). As a T-Mobile customer who moved to T-Mobile to avoid AT&T, I'm hopeful that this merger will fall apart, giving T-Mobile a bit of cash (meh) and some more spectrum (yay!).

  6. Re:AT&T's Response by UnknowingFool · · Score: 5, Insightful

    AT&T doublespeak. Yes they met with the DoJ and the DoJ gave no indication that they would block the ruling. However it most likely the DoJ had not formed an opinion until after reviewing the implications and AT&T's documents. Or that the DoJ probably wanted to block it from the beginning but prudence would dictate they hear from AT&T first. If they hadn't met with AT&T, then the company would complain that they were being treated unfairly.

    --
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  7. Re:From the TFA by krbvroc1 · · Score: 3, Insightful

    It makes sense. Think about all the business that T-Mobile lost while this thing was pending. People did not renew, some people did not switch to T-Mobile due to the uncertainty, etc. If it DOESN'T go through, T-Mobile needs to be compensated for that loss.

  8. Re:From the TFA by Anonymous Coward · · Score: 3, Informative

    Standard practice in M&A. The acquiring company must always put something on the table if the deal doesn't go through due to the restrictions placed on the company to be acquired by the SEC and the agreement the two companies enter into. Google has put similar stuff on the table for Motorola if their deal doesn't go through.

  9. Re:Yet more Slashdot hypocrisy by h4rr4r · · Score: 3, Insightful

    Not all slashdotters believe the same thing. For instance I think libertarians are either woefully naive, liars, or morons. I applaud the government taking action to ensure the cellular service market does not become a duopoly.

  10. Re:Sprint and T-Mo should merge by jittles · · Score: 4, Informative

    The HTC Evo 4G and Evo 3D are both great phones (3D gimmicking asside). Just because they aren't iPhones, doesn't mean they aren't good. And yes Sprint has poor coverage in a few areas, but they have amazing coverage in others. Not to mention you can't beat the price. I left AT&T and my iPhone after AT&T decided they could alter the way they applied my corporate discount in the middle of my contract. Even after paying an early termination fee, I was saving $30 a month with Sprint in just a few months.

    Oh yeah and I have a hell of a lot fewer dropped calls with Sprint, too.And no more "The network is busy" when trying to make a phone call.

  11. The Feds got it right by dave562 · · Score: 5, Informative

    Every once in a while, the Feds get it right. From the article,

    "Moreover, the department said that AT&T could obtain substantially the same network enhancements that it claims will come from the transaction if it simply invested in its own network without eliminating a close competitor."

    We have been saying this here forever. AT&T et al need to invest in their own infrastructure. It is about time that the Federal government is on board with that.

    1. Re:The Feds got it right by Trepidity · · Score: 2

      True, but in this case the feds are just saying that the numbers don't add up, not that AT&T has to invest in their own infrastructure. They could perfectly legally choose to let their infrastructure continue to suck if they want. But the DOJ is pointing out that AT&T's official reasons for buying T-Mobile can't be right, because if you add the numbers, it'd cost them less to build out the infrastructure that they claim they're buying. Therefore part of the value of the deal must be from the way it eliminates a competitor.

    2. Re:The Feds got it right by dave562 · · Score: 2

      That is a good point. The way this process works is that AT&T lays out their justification and the DoJ either accepts or rejects it. In this case the DoJ has rejected it. Now AT&T has the opportunity to go back to the drawing board and come up with some other lies.

  12. As a T-Mobile customer by C_Kode · · Score: 3

    As a T-Mobile customer since 1999 (when they were Voice Stream) I couldn't be happier. I want no part of AT&T.

  13. Re:Sprint and T-Mo should merge by SydShamino · · Score: 2

    I'm actually sort of expecting a Sprint and T-Mobile combination. I've been happy with Sprint via Virgin Mobile but would prefer them to move to GSM and amp up their offerings, coverage, and user base.

    I was grudgingly considering a move to AT&T for an iPhone, primarily because my wife uses them so I could get the family rate. But with the recent iPhone Sprint rumors I've decided to wait; I expect that with Sprint I can pay just a little more for the same service and not have to give any money to warrantless-wiretappers.

    --
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  14. Re:AT&T's Response by fuzzyfuzzyfungus · · Score: 5, Funny

    Hey! We totally pinkie-swear that if we are given nigh-unlimited power to bleed the nation's wireless users dry, we promise to build a couple of towers in rural nofuckingwhereistan and call it "Universal Access"! C'mon, it's a totally reasonable trade!

  15. Re:AT&T's Response by fuzzyfuzzyfungus · · Score: 5, Funny

    Does doublespeak count against my 'anytime' minutes; but at twice the normal rate, or do I need to upgrade my plan?

  16. Re:More Jobs, Better Prices by fuzzyfuzzyfungus · · Score: 4, Interesting

    Their "5000 jobs" claim seems to belong in the same pile as the "Give us $100 million to build a stadium, and we promise to hire 6 hotdog vendors and a janitorial team!" arguments that get trotted out every time a pro sports team shakes down a municipality to build their business infrastructure for them... These sorts of things are so openly cynical and insultingly paltry that I'm honestly not sure why anybody even bothers pretending...

  17. AT&T showed their hand too early by xjerky · · Score: 2

    Y'know for the past year or so I've been wondering how AT&T was ballsy enough to drop unlimited data and tiered text messaging for users, not to mention their tethering plan scam, when they should have been keeping up appearances to the DOJ that they actually care about their customers. Looks like that was a bad idea!

    --
    A sentence you'll never see on an Internet discussion board: "You know what? You're right."
  18. Re:Sprint and T-Mo should merge by Anonymous Coward · · Score: 3, Informative

    Wrong.

    AT&T Wireless had a TDMA and GSM network before Cingular. AT&T went from AMPS to TDMA to GSM. You might be thinking of US Cellular and Cricket when customer regions were swapped due to divestments. I was there.

    The ideal outcome is that Sprint dumps it's CDMA network post-haste and adopts the GSM-LTE standards. Reason? iPhone. T-Mobile gets the iPhone next. The entire reason Sprint is in such a hurting position right now is because they have no plan, and are seeking dead-end solutions like Clearwire.

    The DOJ, should they bring down the ban-hammer, should tell the American cellular providers to adopt a common network (LTE next generation), all phones are to be carrier unlocked and usable on any network. If they want competition, they need to break down the anti-competitive barriers first. Incompatible frequencies, technologies and subsidies are what keeps the mobile phone carriers customers from churn.

  19. Re:Sprint and T-Mo should merge by Miamicanes · · Score: 4, Interesting

    The one thing Sprint could possibly bring to the table in a merger with T-Mobile if they didn't completely botch it is (theoretical) compatibility with international UMTS frequencies.

    International UMTS uses 1900MHz for uplink, and 2100MHz for downlink (give or take a few MHz)

    T-Mobile bought 1700 & 2100Mhz licenses during the AWS auction. They have very little 1900MHz spectrum, and it's all used by GSM voice and 2/2.5G data.

    With a little creativity, Sprint could start repurposing 1900MHz spectrum currently used for EVDO to UMTS uplinks, and start shipping phones like the ones used in Canada that use CDMA for voice, but UMTS for 3G data. There wouldn't be any compatibility problem with pre-existing T-Mobile UMTS phones, because AFAIK, every UMTS phone ever sold by T-Mobile can do 1900/2100 UMTS in addition to 1700/2100 UMTS. There might be some temporary bandwidth crunches for EVDO, but if they got their act together quickly and shifted all new Android phones to 1900/2100 UMTS (falling back to 1900MHz EVDO only where 1900/2100 UMTS didn't exist), and simultaneously improved their 4G network options, the problem would largely solve itself within a year or two as heavy data users dumped their old phones and bought new ones within a year or two anyway.

    The problem is, Sprint completely fucked up the merger with Nextel, which kind of casts doubt on their ability to merge a 1900MHz CDMA2000 network with a 1900MHz legacy GSM network, a 1700/2100MHz UMTS network, and a 2.6GHz WiMax (soon to be LTE) network. If they could manage to avoid completely screwing up T-Mobile's existing network in the process, it would put SprinT-mobile in a unique position among American carriers -- they'd be the one carrier capable of providing UMTS on international frequencies within the United States. For that reason, I'd prefer they both remain separate. But if anyone has to merge, Sprint and T-Mobile would probably be the least of all evils. Especially if Google ended up buying both of them to keep Sprint from physically screwing up T-mobile's network along the way.

  20. Re:AT&T's Response by berzerke · · Score: 2

    ...AT&T they live in their own little dillusional world.

    More like they think they are above the law, and to a large degree, they are correct. :(

  21. Re:From the TFA by generalhavok · · Score: 5, Informative

    It makes sense. Think about all the business that T-Mobile lost while this thing was pending. People did not renew, some people did not switch to T-Mobile due to the uncertainty, etc. If it DOESN'T go through, T-Mobile needs to be compensated for that loss.

    Copying a post of mine from earlier, yes, T-Mobile actually will be compensated quite well for this.

    If this deal is blocked, it would not be bad news for T-Mobile as some here have claimed. According to Bloomberg,

    "Should regulators reject the deal, which would create the biggest U.S. wireless carrier, AT&T would have to pay Deutsche Telekom $3 billion in cash. It would also provide T-Mobile USA with wireless spectrum in some regions and reduced charges for calls into AT&T’s network, for a total package valued at as much as $7 billion, Deutsche Telekom said this month."

    So T-Mobile would get $3 billion in cash, more spectrum, and reduced fees for calls going through AT&T's network. This would seem to be good news for T-Mobile, as all of these things would make them more competitive.

  22. Re:AT&T's Response by BJ_Covert_Action · · Score: 2

    The DOJ has the burden of proving alleged anti-competitive affects and we intend to vigorously contest this matter in court.

    I have their evidence. Prior to the announcement of the merger, T-mobile offered a number of no contract plans that were slightly cheaper than 2-year contractual obligation plans, thus allowing the customer more freedom to pick a carrier that suited their needs based on changing lifestyles and habits over a two year period. After the proposed merger was announced, all of the no-contract plans were eliminated, and I have three recorded conversations with T-mobile customer service representatives explicitly saying that the no-contract plans were dropped in an effort to lock users into using T-mobile's services for two years.

    Explain to me how moving a customer from a no-contract plan that allows them to switch carriers on a whim, to a 2 year contractually obligated plan that locks the customer to one carrier for two years increase competition AT&T&T(-Mobile).

  23. This might make me stick with T-Mobile by TheDarkener · · Score: 2

    I'm a current T-Mobile customer with 2 cell phones on a single plan (one for me and one for my wife). After years of horrible customer service experiences, sub-par network service and, of course, after being psychologically sick of giving a company money that was involved with wholesale illegal wiretapping, we canceled our 2 cell phones, DSL service, and home landline (all AT&T).

    We went to T-Mobile because they were one of the only other companies left. They were "new" to us, a fresh company with young motivated employees that actually sounded genuinely glad to help you. We were so happy with them.

    When we heard about the pending merger with AT&T, we immediately started looking around. We haven't switched yet, but as soon as the merger was complete we would have broken our contract (we were pretty sure there would be something we could say about not paying an early cancellation fee since a merger wasn't in our contract). Over the past few months, we noticed little things start happening with our account (which may or may not be related to the merger, yet we never experienced it before the word was out). Extra bill charges, randomly having our account turn on Internet access on my wife's cell phone without us asking for it (and them charging us $30/month for it), and even when we called them, the vibrance in their voices were completely gone. I might be sounding wishy-washy about the customer service enthusiasm, but seriously. It was a DRAMATIC change. It already seemed like the call centers were moved to AT&T.

    I really hope this thing is blocked. I want to stick with T-Mobile. I want to give my money to a company that isn't involved with an enormous constitutional rights violation. I want to be able to choose. I don't want another Ma Bell.

    --
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  24. Re:Sprint and T-Mo should merge by Glendale2x · · Score: 4, Informative

    I'm pretty sure Nextel was iDEN, not GSM.

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  25. Re:Yes, but will T-Mobile survive? by HereIAmJH · · Score: 2

    Deutsche Telekom didn't want to put more money into T-Mobile because they're investing it all in their LTE buildout in Europe. T-Mobile is in bad shape because they need to build a 4g network to keep up with every one else, but they didn't buy any spectrum to do it. Whether the $3b goes to T-Mobile or not, DT has no reason to keep the spectrum. So T-Mobile will get the spectrum they need for a 4g network, they just need cash to build it.

    DT could look at it in a number of ways;
    they find another buyer for T-Mobile as it sits (but they won't get the premium price AT&T was offering),
    they could look at the $3b as found money and use it to build T-Mobile's 4g network (making them more profitable and a better candidate for sale),
    or they could keep the $3b and tell T-Mobile to find their own money to utilize the new spectrum (possibly pissing away their investment as T-Mobile falls farther behind).

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  26. Re:Sprint and T-Mo should merge by Shatrat · · Score: 2

    Nextel used IDEN which is not GSM. It uses SIM cards, but it is an incompatible standard.

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  27. The deal is not blocked by EmagGeek · · Score: 2

    Um, can I just point out that this does not mean the deal is automatically blocked?

    The summary is wrong in stating that DoJ is "blocking the deal." They can't do that. All they can do is go to court and ask for an injunction, and the court may or may not grant one based on what DoJ presents to it.

    So, it's not time to celebrate or mourn yet.

  28. Re:Cue the pundits. by MickyTheIdiot · · Score: 2

    I've already seen rants about the "free market" on other sites.

    Here is something that people need to know: Adam Smith 1) didn't figure huge corporations into his thinking because he thought they could never be a force in the marketplace and 2) didn't believe that monopolies were a good thing so would probably not be hostile to breaking them up for the good of the market.

    People that spout about the free market solving ALL problems are believers in faith-based economics...

  29. Re:Sprint and T-Mo should merge by PRMan · · Score: 2

    The ideal outcome is that Sprint dumps it's CDMA network post-haste and adopts the GSM-LTE standards. Reason? iPhone.

    Sprint's getting an iPhone anyway in September.

    --
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