Tell us about your biggest win from January 2019 through June 2020 and how you achieved the result for your client.
Richard Parker
GIBSON, DUNN & CRUTCHER
We obtained a ruling for our client, Deutsche Telekom, after a two-week court trial. [Fourteen] state attorneys general challenged the $36 billion merger of Sprint and T-Mobile. The [U.S. District Court for the Southern District of New York] found the merger presumptively illegal because of increased cellular concentration. However, we were able to put on evidence squarely rebutting the presumption. Specifically, we were able to show significant consumer benefits from the proposed merger. And we had a proposed divestiture of assets to Dish Network that the court found to be very pro-competitive.
This case was one of the very few in which a court found the merger presumptively illegal but also found defendants had rebutted the presumption.
Share two trial tips that have been key to your success.
1) Antitrust cases can raise complex issues of economics to explain your side of those issues in very common-sense terms.
2) Documents in these cases are critical. Percipient and economic testimony is valuable only to the extent it takes account of the documentary record.
Photo Credit: Pawel Kaminski
Mark MacDougall
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