New York Post

IT’S A TOUGH CELL

DOJ approves T-Mobile merger despite foes

- By RICHARD MORGAN rmorgan@nypost.com

Plans to make satellite TV company Dish the nation’s fourth-largest cellular carrier were announced on Friday — to a wall of doubt.

T-Mobile said it won Justice Department approval for its $26 billion merger with Sprint by selling Dish the tools it needs to enter the cellular carrier market. But efforts to sell Dish as Sprint’s replacemen­t failed when it came to a group of attorneys general seeking to block the T-Mobile/Sprint merger on concerns that it would lead to higher prices for consumers.

In selling the merger to the DOJ, Sprint agreed to sell two of its prepaid mobile brands — Boost Mobile and Virgin Mobile — and spectrum licenses to Dish for $5 billion. And T-Mobile said it will give Dish access to its newly combined network for seven years, in addition to “transition services” for three years.

The deal is structured to help Dish operate as a wireless carrier while it spends years — and billions — building out its own network, Justice Department antitrust chief Makan Delrahim said at a news conference Friday.

“The remedies set up Dish as a disruptive force in wireless,” Delrahim said.

But that’s not how the attorneys general see it, including NY AG Letitia James. She came out Friday saying it’s foolish to think the newly combined T-Mobile/Sprint will actually help Dish grow strong enough to become a real rival.

“T-Mobile and Sprint are asking Americans to trust that this new mega corporatio­n will act directly against its own economic interests by helping transform Dish into an independen­t competitor that rivals this new company,” James said in a press release.

“We have serious concerns that cobbling together this new fourth mobile player, with the government picking winners and losers, will not address the merger’s harm to consumers, workers, and innovation,” James added.

The AGs said they remain committed to blocking the TMobile/Sprint merger in court.

The trial is set for Oct. 7, although changes announced on Friday could delay it until Dec. 9.

Despite the opposition, the DOJ’s approval for the merger sent shares of the merging companies up Friday, with TMobile’s stock climbing 5.4 percent to close at $84.25, and Sprint’s stock jumping 7.3 percent to $7.99.

Delrahim had insisted on a fourth carrier to replace Sprint before approving the deal.

He even threatened to block it when talks to sell to Dish recently stalled, according to The Post’s reporting.

“Today’s settlement will provide Dish with the assets and transition­al services required to become a facilities­based mobile network operator that can provide a full range of mobile wireless services nationwide,” Delrahim said.

T-Mobile, based in Bellevue, Wash., overtook Sprint of Overland Park, Kan., as the nation’s third-largest carrier several years ago — thanks to colorful CEO John Legere’s campaign to slash fees and give consumers more freedom to break their carrier contracts.

The companies have agreed to not raise prices for three years if they are joined.

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