T-Mobile/Sprint Merger Approved

Share

Counsel for SoftBank and Sprint Corporation retained Cornerstone Research to assist with the regulatory review of T-Mobile’s $26 billion merger with Sprint.

Retained by Morrison & Foerster

Counsel for SoftBank and Sprint Corporation retained antitrust experts John Asker of UCLA, Timothy Bresnahan of Stanford University, and Kostis Hatzitaskos of Cornerstone Research to assist with the regulatory review of T-Mobile’s $26 billion merger with Sprint. After a 10-day trial, a New York federal court judge approved the merger.

The court ruled for the merging parties, refusing to enjoin the merger.

Cornerstone Research supported Professors Asker and Bresnahan and Dr. Hatzitaskos in analyzing how consumers choose wireless carriers and how wireless carriers compete. This analysis used highly granular data comprising billions of data points on when, where, and how consumers use their mobile phones. The experts submitted white papers evaluating the competitive effects of the proposed merger and presented to the DOJ and the FCC as part of the regulatory review.

The merging parties announced the transaction in April 2018 and the DOJ and FCC granted approval with certain remedies in July 2019 and November 2019, respectively.

In a concurrent proceeding, Cornerstone Research supported Professor Bresnahan in his testimony before the California Public Utilities Commission (CPUC) evaluating the competitive effects of the transaction. The CPUC approved the merger in April 2020.

Cornerstone Research also supported Professor Asker in the related litigation, New York et al. v. Deutsche Telekom AG et al., in which a group of states’ attorneys general sued to block the deal. Professor Asker submitted affirmative analyses of the competitive effects of the merger and rebutted analyses of plaintiffs’ economics experts. Consistent with Professor Asker’s rebuttal, the Southern District of New York judge partially excluded the plaintiffs’ economic expert’s coordinated effects opinions. The court ruled for the merging parties, refusing to enjoin the merger.


For more information on this case, contact Kostis HatzitaskosSachin Sancheti, or Brad Howells.

Case Experts

John Asker

Armen A. Alchian Chair in Economic Theory and Professor of Economics,
University of California, Los Angeles;
Senior Advisor, Cornerstone Research

Timothy F. Bresnahan

Landau Professor in Technology and the Economy, Emeritus,
Stanford University;
Senior Advisor, Cornerstone Research

  • Chicago

Kostis Hatzitaskos

Vice President

  • New York

Sachin Sancheti

Vice President

  • San Francisco

Brad T. Howells

Principal