E-Commerce Times recently spoke to Gardere Partner Peter S. Vogel, chair of the Firm's Internet, eCommerce and Technology Team, about the antitrust issues surrounding the merger talks between AT&T and T-Mobile.
"If other competitors buy portions of T-Mobile's assets in different markets, then AT&T may not be violating any antitrust laws, as the FCC and DoJ allege," Mr. Vogel said. "Based on the plan that AT&T is offering now, AT&T will only purchase 40 percent of T-Mobile's assets, and other major players will acquire the remainder." Under these circumstances, the FCC "really can't complain about antitrust monopoly control by AT&T."
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