Judge Allows Sprint’s AT&T/T-Mobile Lawsuit to Proceed

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The $39 billion merger between AT&T and T-Mobile may still be going ahead, but it’ll have to face a lawsuit claiming unfair competition from Sprint and C Spire before it can be finalized, with a U.S. District Judge allowing the companies’ case to proceed after dismissing some of their more outrageous claims.

Judge Ellen Huvelle ruled yesterday that Sprint and C Spire (formerly Cellular South) could continue with their legal action against the merger, but limited the case to the effects the successful merger will have on the market share for mobile devices and, in C Spire’s case, the damage a merger would cause on the purchase of roaming service.

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Unsurprisingly, with such a sensible and fair decision, both sides claimed victory. AT&T general counsel Wayne Watts said that the company was pleased with the ruling and “believe the limited, minor claims they have left are entirely without merit.” Meanwhile, Sprint’s SVP of litigation, Susan Haller, announced her company’s pleasure, saying, “the Court has given us the chance to continue fighting to preserve competition on behalf of consumers and the wireless industry.”

The next stage of the legal battle will be scheduled on December 9th.

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[via AdWeek]

Graeme McMillan is a reporter at TIME. Find him on Twitter at @Graemem or on Facebook at Facebook/Graeme.McMillan. You can also continue the discussion on TIME’s Facebook page and on Twitter at @TIME.

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