Karen Hoffman Lent and Kenneth Schwartz
Antitrust enforcement in numerous industries was robust in 2019. Aggressive and unexpected actions made headlines and proved that parties need to be prepared to meet any potential antitrust obstacles. The Department of Justice (DOJ) and Federal Trade Commission (FTC) were very active last year—challenging mergers, dedicating new and substantial resources to investigating anticompetitive conduct, filing amicus briefs in a bevy of private litigations and overall continuing to rethink the goals and policy of antitrust enforcement. Popular media sources reported heavily on antitrust activities, particularly around the growing size of companies in the tech and telecom industries. Here’s a recap of the major events of 2019 and issues to watch for in 2020.
Merger Enforcement
T-Mobile/Sprint deal remains tied up in court. One of the mergers most talked about in 2019 was T-Mobile’s proposed acquisition of Sprint, which was reviewed by DOJ and the Federal Communications Commission (FCC). Historically, the agencies’ enforcement in the telecom industry has been very aggressive, including blocking AT&T Inc.’s proposed acquisition of T-Mobile in 2011. The T-Mobile/Sprint deal, which enforcers argued would combine two of the four players in the market, was expected to face intense scrutiny from the start.
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