How AT&T fumbled its $39 billion bid to acquire T-Mobile

By Cecilia Kang and Jia Lynn Yang,December 09, 2011
(Page 3 of 3)

Staffers at both agencies, who coordinated closely on their reviews, said concessions in the form of divestitures and conditions couldn’t solve the problem that the merger would control too much of the market.

“Antitrust law is not about lobbying,” said Reed Hundt, who served as FCC chairman during the Clinton administration. “Maybe they wanted to push the edge of antitrust law, but I’ve never seen a merger get through just on lobbying.”

Forging ahead

The rejections from the government caught the corporate giant off guard.

Three months before the FCC delivered its blow, the company was equally unprepared when Justice blocked the deal. The morning of the announcement, Stephenson told CNBC anchors that he was confident regulators would agree the deal was good for the economy.

In characteristic style, AT&T remains uncowed. It’s getting ready for its showdown in court against the Justice Department. And in response to the FCC’s report on the merger, AT&T sent a scathing letter calling the document “an advocacy piece, and not a considered analysis.”

Asked later whether the company was biting the hand of the regulatory agency that will decide on future business deals, Cicconi said: “We had to do it,” he said. “Their report was harshly worded, too.”

While the battle is not over, AT&T is paying a heavy cost for the government’s disapproval. Last month the company took a $4 billion write-down to cover the breakup fee it must pay to Deutsche Telekom, T-Mobile’s parent, if the deal is not completed by September. Even so, in their view, the merger isn’t dead.

“We have lived in fear of them for so long,” said Maura Corbett, president of the Glen Echo Group, which helped organize a coalition of groups opposing the deal. “But there is a point where you jump the shark. There is a point where you overplay your hand.”

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