U.S. v. AT&T, INC.

No. 18-5214.

916 F.3d 1029 (2019)

UNITED STATES of America, Appellant, v. AT&T, INC., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 26, 2019.


Attorney(s) appearing for the Case

Michael F. Murray , Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Kristen C. Limarzi , Robert B. Nicholson , Adam D. Chandler , Patrick M. Kuhlmann , Mary Helen Wimberly , and Daniel E. Haar , Attorneys.

Eric F. Citron , argued the cause for amici curiae 27 Antitrust Scholars in support of neither party. With him on the brief was Mary Jean Moltenbrey .

Laurence M. Sandell , was on the brief for amicus curiae Cinémoi North America in support of appellant United States of America.

Jeffrey A. Lamken , was on the brief for amici curiae Professor William P. Rogerson , et al. in support of appellant.

Jonathan W. Cuneo , Joel Davidow , and Gene Kimmelman , were on the brief for amici curiae American Antitrust Institute, et al. in support of appellant.

Jonathan E. Taylor , was on the brief for amicus curiae Open Markets Institute in support of plaintiff-appellant and vacatur.

Peter D. Keisler , argued the cause for appellees. With him on the brief were Joseph R. Guerra , Richard D. Klingler , Jonathan E. Nuechterlein , C. Frederick Beckner III , Kathleen Moriarty Mueller , William R. Drexel , Daniel M. Petrocelli , M. Randall Oppenheimer , Jonathan D. Hacker , Katrina M. Robson , and David L. Lawson. , Aaron M. Panner , entered an appearance.

Andrew J. Pincus argued the cause for amici curiae 37 Economists, Antitrust Scholars, and Former Government Antitrust Officials in support of appellees. With him on the brief were Mark W. Ryan and Michael B. Wimberly .

Brad D. Schimel , Attorney General, Office of the Attorney General for the State of Wisconsin, Misha Tseytlin , Solicitor General, Jeff Landry , Attorney General, Office of the Attorney General for the State of Louisiana, Elizabeth Baker Murrill , Solicitor General, Hector Balderas , Attorney General, Office of the Attorney General for the State of New Mexico, Tania Maestas , Chief Deputy Attorney General, Mike Hunter , Attorney General, Office of the Attorney General for the State of Oklahoma, Mithun Mansinghani , Solicitor General, Steve Marshall , Attorney General, Office of the Attorney General for the State of Alabama, Robert Tambling , Assistant Attorney General, Christopher M. Carr , Attorney General, Office of the Attorney General for the State of Georgia, Andrew A. Pinson , Solicitor General, Andy Beshear , Attorney General, Office of the Attorney General for the Commonwealth of Kentucky, Sean D. Reyes , Attorney General, Office of the Attorney General for the State of Utah, Tyler R. Green , Solicitor General, Peter F. Kilmartin , Attorney General, Office of the Attorney General for the State of Rhode Island, Michael W. Field , Assistant Attorney General, Alan Wilson , Attorney General, Office of the Attorney General for the State of South Carolina, and James Emory Smith, Jr. , Deputy Solicitor General, were on the bipartisan brief for amici curiae the States of Wisconsin, et al. in support of defendants-appellees.

Donald B. Verrilli, Jr. , Justin P. Raphael , Peter C. Tolsdorf , Steven P. Lehotsky , and Daryl Joseffer , were on the brief for amici curiae The Chamber of Commerce of the United States of America, et al. in support of defendants-appellees.

Thomas M. Johnson, Jr. , General Counsel, Federal Communications Commission, David M. Gossett , Deputy General Counsel, Richard K. Welch , Deputy Associate General Counsel, and James M. Carr , Counsel, were on the brief for amicus curiae Federal Communications Commission in support of neither party.

Bruce D. Brown , Katie Townsend , and Gabriel Rottman , were on the brief for amicus curiae The Reporters Committee For Freedom of the Press in support of neither party.

Before: Rogers and Wilkins, Circuit Judges, and Sentelle, Senior Circuit Judge.


On October 22, 2016, AT&T Inc. announced a proposed merger with Time Warner Inc. The government sued to enjoin this vertical merger under Section 7 of the Clayton Act, 15 U.S.C. § 18, and now appeals the denial of its request for a permanent injunction. United States v. AT & T Inc., 310 F.Supp.3d 161, 254...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases