DoJ Could Postpone AT&T/T-Mobile Trial Following Pulling of FCC Application

December 9, 2011 12:56 PM EST
The latest developments coming from the AT&T/T-Mobile front suggest a "speedy" February trial may no longer be a possibility, the WSJ reported Friday.

The US Department of Justice is apparently positioning to delay the antitrust case following action by AT&T and T-Mobile to pull their application for FCC approval last month. The DoJ may now require AT&T and T-Mobile to resubmit an application for approval with the FCC. As a result, a DoJ lawyer insisted expedited court proceedings are no longer necessary.

Frustrated comments from U.S. District Court Judge Ellen Huvelle, currently in charge of the case, about the reasoning behind the pulled AT&T/T-Mobile were heard during a recent court hearing. Huvelle said she no longer feels pressure for urgency in the case and warned "You could change the deal in a month and everybody's time will be wasted."

AT&T lawyers reiterated the importance of a quick resolution while assuring the judge and DoJ the two companies were not trying to play “some strategic game.”

Judge Huvelle set another court date for Thursday, December 15th and told the Justice Department to file its motion for postponement by Tuesday, if necessary.

Sources say the antitrust case is now in danger of not being completed until September.

Huvelle's frustration could certainly be a reflection of how some investors are beginning to feel. The merger between the two companies was originally announced on March 20th and now looks like it won't be finalized until almost a year and a half later.


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