Several US Federal District Court rule against customers’ efforts to use arbitration to challenge a merger in the mobile sector (AT&T Mobility / Smith/ Gonnello / Bernardi / Fisher )

Customers’ Efforts to Use Arbitration to Challenge AT&T/T-Mobile Merger Fail* Federal district courts around the country have blocked AT&T Mobility LLC customers from pursuing arbitration to challenge the merger of AT&T Mobility and T-Mobile USA Inc.—a transaction valued at approximately $39 billion. At least four federal district courts have granted AT&T Mobility’s motions for preliminary injunctions, and a fifth federal district court did not reach the motion for preliminary injunction but denied a customer’s motion to compel arbitration. The courts have ruled that AT&T is likely to succeed on the merits of its claim the arbitration demands exceed the scope of the arbitration agreement. More than 1,000 AT&T Mobility customers have filed demands with the

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  • Wolters Kluwer (Riverwoods)

Quotation

Jeffrey May, Several US Federal District Court rule against customers’ efforts to use arbitration to challenge a merger in the mobile sector (AT&T Mobility / Smith/ Gonnello / Bernardi / Fisher ), 7 October 2011, e-Competitions Bulletin US Private Enforcement, Art. N° 39901

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