Protecting innovation: Justice fights AT&T/T-Mobile deal

September 4, 2011 at 11:40PM
Logos for AT&T, left, and Deutsche Telekom AG.
Logos for AT&T, left, and Deutsche Telekom AG. (Colleen Kelly — Associated Press/The Minnesota Star Tribune)

After a decadelong merger spree in which AT&T and Verizon amassed more than 60 percent of the nation's cell phone subscribers, the Justice Department was right to call a halt to the consolidation process, filing an antitrust suit on Wednesday to block AT&T's $39 billion attempt to buy the nation's fourth-largest carrier, T-Mobile.

The merger poses a clear anticompetitive threat. Not only would it give AT&T more than 40 percent of the market, it would take out a scrappy and innovative rival that competed profitably by offering cheaper service plans and took risks others would not. For instance, it introduced the first smart phone based on Google's Android, which today is the leading mobile phone operating system.

The Justice Department's antitrust division rightly concluded that T-Mobile's cheaper service would be one of the first victims of a merger. And allowing the number of national service providers to shrink to three posed too great a risk to development of wireless computing, slowing innovation on the frontier of information technology.

AT&T's argument that a handful of small local and regional rivals amount to vibrant competition is unpersuasive: The Justice Department found that, after a merger, 96 of the nation's top 100 markets would be "highly concentrated."

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From an editorial in the New York Times

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