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1
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COMPLAINT
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EXTRACTED KEY WORDS
TELEPHONE SERVICES MOBILE WIRELESS TELEPHONE SPRINT SPRINT PCS UNITED STATES NETWORKS TCI COMPETITION PROVIDER GEOGRAPHIC AREAS CUSTOMERS CARRIERS LICENSES PROPOSED ACQUISITION CLAYTON ACT YORK CELLULAR CITY VIOLATION EQUITY NATIONWIDE FOOTPRINT PROVISION LESSEN COMPETITION METROPOLITAN AREAS PROPOSED MERGER CONSUMERS REVENUES SALE STOCK |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff, No. 1: 98CV03170
(Antitrust)
v.
AT&T CORPORATION and
TELE-COMMUNICATIONS, INC.,
Defendants.
COMPLAINT
The United States of America, acting under the direction of the Attorney General of the
United States, brings this civil action pursuant to section 15 of the Clayton Act, as amended, 15
U.S.C. § 25, to obtain equitable relief in order to prevent and restrain a violation of section 7 of
the Clayton Act, as amended, 15 U.S.C. § 18, and alleges as follows:
Nature of the Action
1. The United States brings this antitrust action to prevent the proposed merger of Tele-
Communications, Inc. ("TCI") into a wholly owned subsidiary of AT&T Corporation ("AT&T").
2. AT&T is the largest provider of mobile wireless telephone services in the United
States. TCI, through a subsidiary, owns a 23.5 percent equity interest in the mobile wireless
telephone business of Sprint Corporation ("Sprint"). Sprint is a provider of mobile wireless
telephone services in the United States with a national footprint of licenses and networks.
3. Following the defendants' proposed merger, AT&T, through its wholly owned
subsidiary Liberty Media Corporation ("Liberty"), will own a 23.5 percent equity interest in
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2
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COMPETITIVE IMPACT STATEMENT
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EXTRACTED KEY WORDS
WIRELESS TELEPHONE SERVICES JUDGEMENT MOBILE WIRELESS TELEPHONE TCI MERGER COMPETITION UNITED STATES SPRINT PCS ACQUISITION PROVIDER BUSINESS ANTITRUST ENTRY SUBSIDIARIES EQUITY CLAYTON ACT TRACKING STOCK DIVESTITURE LIBERTY MEDIA TELECOMMUNICATIONS COMPETITIVE IMPACT STATEMENT ANTITRUST PROCEDURES COMMUNICATIONS SPRINT PCS SHARES PROVISIONS SPRINT PCS HOLDING SERVICE QUALITY BUSINESSES COMPLAINT ALLEGES |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
No. 1: 98CV03170
Judge Emmet G. Sullivan
(Antitrust)
v.
AT&T CORPORATION and
TELE-COMMUNICATIONS, INC.,
Defendants.
COMPETITIVE IMPACT STATEMENT
The United States, pursuant to Section 2(b) of the Antitrust Procedures and Penalties
U.S.C. § 16(b)-(h) ("APPA"), files this Competitive Impact Statement relating to the proposed Final
Judgment submitted for entry in this civil antitrust proceeding.
I. NATURE AND PURPOSE OF THE PROCEEDING
The United States filed a civil antitrust complaint on December 30, 1998, alleging that
proposed merger of Tele-Communications Inc. ("TCI") with a wholly owned subsidiary of AT&T
Corporation ("AT&T") would violate Section 7 of the Clayton Act, 15 U.S.C. § 18. Among its
other telecommunications businesses, AT&T is the largest provider of mobile wireless telephone
services in the nation. TCI, through a wholly owned subsidiary, holds a 23.5% equity interest in
mobile wireless telephone business of Sprint Corporation ("Sprint") another large
mobile wireless telephone services through its personal communications services
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3
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COMMENTS RELATING TO PROPOSED FINAL JUDGMENT
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EXTRACTED KEY WORDS
JUDGEMENT SPRINT PUBLICATION COURT COMPETITION SPRINT PCS ANTITRUST DISTRICT DECREE RESPONSE CONSENT DEFENDANTS APPA SHARES ENTRY COMPLAINT MERGER MOBILE WIRELESS TELEPHONE VOTE MICROSOFT CIR GOVERNMENT RELATING PURSUANT PENALTIES ACT WIRELESS TELEPHONE BUSINESS SPRINT CORPORATION PROVISIONS COMPETITIVE IMPACT STATEMENT |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff, No. 98-CV03170
Judge Emmet G. Sullivan
v.
AT&T CORP. and
TELE-COMMUNICATIONS, INC.,
Defendants.
COMMENT RELATING TO PROPOSED FINAL JUDGMENT AND RESPONSE OF
THE UNITED STATES TO COMMENT
Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act (15 U.S.C.
§16(b)-(h)) ("APPA"), the United States of America hereby files the public comment it has
received relating to the proposed Final Judgment in this civil antitrust proceeding, and herein
responds to the public comment. The United States has concluded that the change to the
proposed Final Judgment that was suggested in the comment would be in the public interest.
Accordingly, the United States has secured the consent of the defendants to modify the proposed
Final Judgment in this respect. The APPA requires publication of the public comment and the
United States' response. When that publication has been completed, the United States will file a
1
Certificate of Compliance with the APPA and a Motion for Entry of the Modified Judgment with
the court.
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4
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STIPULATION
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EXTRACTED KEY WORDS
JUDGEMENT PLAINTIFF COURT CONSENT PARTY DEFENDANTS PARTIES MOTION ANTITRUST WITHDRAWN ENTRY FILING PROVISIONS TELECOMMUNICATIONS ABIDE JUDGMENT PENDING ENTRY EVENT PLAINTIFF WITHDRAWS PARAGRAPH ENTERED PURSUANT EFFECT WHATEVER PREJUDICE DEBORAH ROY ANTITRUST DIVISION SUITE WASHINGTON MARC ROSENBLUM JONES |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
No. 1: 98CV03170:
(Antitrust)
v.
AT&T CORP. and
TELE-COMMUNICATIONS, INC.,
Defendants.
STIPULATION
It is stipulated by and between the undersigned parties, by their respective attorneys,
A. The Court has jurisdiction over the subject matter of this action and over each
parties hereto, and venue of this action is proper in the District for the District of Columbia.
The parties to this Stipulation consent that a Final Judgment in the form attached may be
and entered by the Court, upon the motion of any party or the Court's own motion, at any time after
compliance with the requirements of the Antitrust Procedures and Penalties Act (15 U.S.C. § 16),
without further notice to any party or other proceedings, provided that plaintiff has not withdrawn
consent, which it may do at any time before entry of the proposed Final Judgment by serving notice
the defendants and by filing that notice with the Court.
C. Defendants shall abide by and comply with the provisions of the proposed Final
Judgment pending entry of the Final Judgment, and shall, from the date of the filing of this
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5
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MOTION FOR ENTRY OF FINAL JUDGMENT
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EXTRACTED KEY WORDS
UNITED STATES COURT ENTRY COMPETITION DEFENDANTS MOTION APPA COMPETITIVE IMPACT ACT CERTIFICATE COMPLAINT MOBILE WIRELESS WIRELESS TELEPHONE SERVICES TELEPHONE SERVICES SPRINT PCS COMPETITIVE IMPACT STATEMENT RESPONSE PROVISIONS LICENSEES CONSIDERATIONS COUNSEL CIVIL ANTITRUST COMPLIANCE PARTIES COMPLAINT ALLEGES VIOLATIONS STIPULATION DIVEST REASONS |
UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
)
UNITED STATES OF AMERICA, ))
Plaintiff, )) Case Number: No.98-CV03170
v. )) Judge Emmet G. Sullivan
AT&T CORP. and )
TELE-COMMUNICATIONS, INC., ))
Defendants. ))
MOTION FOR ENTRY OF FINAL JUDGMENT
Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act,
("APPA" or "Tunney Act"), 15 U.S.C. § 16 (b)-(h), the United States of America
moves for entry of the proposed Final Judgment in this civil antitrust proceeding.
The Final Judgment may be entered at this time without further hearing, if the
Court determines that entry is in the public interest. A Certificate of Compliance,
certifying that the parties have complied with all applicable provisions of the APPA
and that the waiting period has expired, has been filed simultaneously with this
Court.
I.
Background
This action was commenced on December 30, 1998, when the United States
filed a civil antitrust complaint under Section 15 of the Clayton Act, as amended, 15
U.S.C. § 25. The complaint alleged that the proposed acquisition of Tele-
communications, Inc. ("TCI") by AT&T Corp. ("AT&T") would violate Section 7 of
the Clayton Act, as amended, 15 U.S.C. § 18. The Complaint alleges that the
acquisition of TCI by AT&T would substantially lessen competition in the market
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6
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US COMPLIANCE WITH ANTITRUST PROCEDURES AND PENALTIES ACT
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EXTRACTED KEY WORDS
UNITED STATES COURT STIPULATION CERTIFICATE COMPLIANCE PROVISIONS ANTITRUST PROCEDURES PENALTIES ACT PLAINTIFF ENTRY DEFENDANTS PURSUANT CIS RESPONSE DISTRICT HEREBY CERTIFIES APPA FEDERAL REGISTER PARTIES JUDGEMENT FILED STIPULATION THERETO SECOND STIPULATION REQUESTING PARTIES COMPLAINT COMMUNICATIONS DEFENDANTS RELATING OFFICERS EMPLOYEES DETERMINATION |
UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
)
UNITED STATES OF AMERICA, ))
Plaintiff, )) Case Number: No.98-CV03170
v. )) Judge Emmet G. Sullivan
AT&T CORP. and )
TELE-COMMUNICATIONS, INC., ))
Defendants. ))
UNITED STATES' CERTIFICATE OF
COMPLIANCE WITH THE PROVISIONS OF THE
ANTITRUST PROCEDURES AND PENALTIES ACT
Plaintiff United States of America hereby certifies that it has complied with the provisions
of the Antitrust Procedures and Penalties Act, 15 U.S.C.A. § 16 (b)-(h) (West 1997) ("APPA") in
preparation for entry of a final judgment, and states:
1. On December 30, 1998, plaintiff and defendants stipulated to the entry of the
proposed Final Judgment after compliance with the requirements of the APPA, assuming plaintiff
had not withdrawn its consent.
2. The stipulation and proposed Final Judgment were filed with the Court on
December 30, 1998, and the Competitive Impact Statement ("CIS") was also filed with the Court
on December 30, 1998.
3. Pursuant to 15 U.S.C.A. § 16(b), the stipulation, proposed Final Judgment and
CIS were published in the Federal Register on January 14, 1999, 64 Fed. Reg. 2506.
4. Pursuant to 15 U.S.C.A. § 16(c), a summary of the terms of the proposed Final
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7
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PROPOSED FINAL JUDGMENT
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EXTRACTED KEY WORDS
JUDGEMENT DEFENDANTS PLAINTIFF DIVESTITURE SPRINT PCS TRUSTEE COURT LIBERTY MEDIA PCS TRACKING STOCK SHARES SPRINT HOLDINGS ATTORNEY LIBERTY MEDIA CORPORATION PURPOSE MERGER AGREEMENT UNITED STATES PROVISIONS SPRINT PCS TRACKING DIRECTORS COMPLAINT SUBSIDIARIES EMPLOYEES ACTING TCI ACCOMPLISHING TRUST AGREEMENT ADJUDICATION JUDGMENT PENDING RELATED INJUNCTIVE RELIEF COMPETITION |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff, No. 1: 98CV03170
(Antitrust)
v.
AT&T CORP. and
TELE-COMMUNICATIONS, INC.,
Defendants.
PROPOSED FINAL JUDGMENT
WHEREAS, plaintiff, the United States of America, having filed its
Complaint herein on December 30, 1998, and plaintiff and defendants, by their respective
attorneys, having consented to the entry of this Final Judgment without trial or
adjudication of any issue of fact or law herein, and without this Final Judgment
constituting any evidence against or an admission by any party with respect to any issue of
law or fact herein;
AND WHEREAS, defendants have agreed to be bound by the provisions of
this Final Judgment pending its approval by the Court;
AND WHEREAS, the essence of this Final Judgment is certain divestiture of
specific assets and the imposition of related injunctive relief to ensure that competition is
not substantially lessened;
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8
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FINAL JUDGMENT
|
EXTRACTED KEY WORDS
JUDGEMENT DEFENDANTS PLAINTIFF DIVESTITURE SPRINT PCS TRUSTEE COURT LIBERTY MEDIA PCS TRACKING STOCK SHARES SPRINT HOLDINGS ATTORNEY LIBERTY MEDIA CORPORATION PURPOSE MERGER AGREEMENT UNITED STATES PROVISIONS SPRINT PCS TRACKING DIRECTORS COMPLAINT TCI SUBSIDIARIES EMPLOYEES ACTING ACCOMPLISHING TRUST AGREEMENT ADJUDICATION JUDGMENT PENDING RELATED INJUNCTIVE RELIEF COMPETITION |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff, No. 1: 98CV03170
(Antitrust)
v.
AT&T CORP. and
TELE-COMMUNICATIONS, INC.,
Defendants.
FINAL JUDGMENT
WHEREAS, plaintiff, the United States of America, having filed its
Complaint herein on December 30, 1998, and plaintiff and defendants, by their respective
attorneys, having consented to the entry of this Final Judgment without trial or
adjudication of any issue of fact or law herein, and without this Final Judgment
constituting any evidence against or an admission by any party with respect to any issue of
law or fact herein;
AND WHEREAS, defendants have agreed to be bound by the provisions of
this Final Judgment pending its approval by the Court;
AND WHEREAS, the essence of this Final Judgment is certain divestiture of
specific assets and the imposition of related injunctive relief to ensure that competition is
not substantially lessened;
AND WHEREAS, plaintiff requires LIBERTY MEDIA CORPORATION to
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