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New York v. Deutsche Telekom AG

United States District Court for the Southern District of New York

February 10, 2020, Decided; February 11, 2020, Filed

19 Civ. 5434 (VM)

Opinion

DECISION AND ORDER

VICTOR MARRERO, United States District Judge.

TABLE OF CONTENTS

INTRODUCTION

I. FINDINGS OF FACT

A. SPECTRUM AND MOBILE WIRELESS NETWORKS

1. Spectrum

2. Mobile Wireless Network Infrastructure

B. GENERATIONAL STANDARDS FOR MOBILE WIRELESS

SERVICES

C. COMPETITION IN THE RMWTS MARKET

1. Mobile Network Operators

a. Verizon and AT&T

b. T-Mobile

c. Sprint

2. Mobile Virtual Network Operators

3. DISH as a Potential Market Entrant

D. THE PROPOSED MERGER

E. REVIEW OF AND CHALLENGES TO THE PROPOSED

MERGER

1. Federal Regulatory Review

2. Plaintiff States' Challenge

II. CONCLUSIONS OF LAW

A. PLAINTIFF STATES' PRIMA FACIE CASE

1. The Relevant Product Market

2. The Relevant Geographic Markets

3. Market Share Analysis

B. DEFENDANTS' REBUTTAL CASE

1. Efficiencies of the Proposed Merger

a. Merger Specificity

b. Verifiability

2. Sprint's Status as a Weakened

Competitor

a. Sprint's Network Quality and

Customer Perception

b. [*7]  Sprint's Financial Difficulties

c. Other Competitive Means Available

to Sprint

3. Federal Agency Review and DISH as a New

Entrant

a. FCC and DOJ Review and Remedies

b. Market Entry by DISH

i. Sufficiency of DISH's Entry

ii. Likelihood of DISH's Entry

iii. Timeliness of DISH's Entry

C. ADDITIONAL EVIDENCE OF ANTICOMPETITIVE

EFFECTS

1. Coordinated Effects

2. Unilateral Effects

D. PARTICULARITIES OF THE WIRELESS

TELECOMMUNICATIONS INDUSTRY

1. The RMWTS Market is Exceptional

a. Complexity of the Relevant Market

b. Dynamics of the Relevant Market

c. Market Dynamics in the Courts

d. Dynamics of the Wireless

Telecommunications Industry

e. Market-Specific Behavior in

Complex and Dynamic Industries

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2020 U.S. Dist. LEXIS 23716 *; 2020-1 Trade Cas. (CCH) P81,082; 2020 WL 635499

STATE OF NEW YORK, et al., Plaintiffs, - against - DEUTSCHE TELEKOM AG, et al., Defendants.

Prior History: New York v. Deutsche Telekom AG, 419 F. Supp. 3d 783, 2019 U.S. Dist. LEXIS 210263 (S.D.N.Y., Dec. 2, 2019)

CORE TERMS

network, merger, consumers, spectrum, mobile, proposed merger, markets, wireless, effects, competitors, customers, prices, billion, anticompetitive, speeds, market share, technological, Guidelines, compete, coordinated, dynamic, wireless service, subscribers, cell, predictive, courts, carriers, innovation, costs, aggressive