Antitrust Review of the at&T/T-Mobile Transaction‪.‬

I. INTRODUCTION In this Article, we review the proposed $39 billion merger between AT&T and T-Mobile under federal merger law, under the United States Department of Justice ("DOJ") and Federal Trade Commission ("FTC")'s 2010 Horizontal Merger Guidelines, and with a focus on possible remedies. We find, under a rule of law approach, that the proposed acquisition is presumptively anticompetitive, and the merging parties in their public disclosures have failed to overcome this presumption. Next, we find that under the Merger Guidelines, there is reason to believe that the transaction may result in higher prices to consumers under several different plausible theories. Finally, we turn to the question of possible remedies. We conclude that there is a high likelihood that divestitures will not solve the competitive problems and make the case for enjoining the acquisition.