On Nov. 2, 2011, a district court refused to dismiss a lawsuit brought by Sprint Nextel and Cellular South to block AT&T's proposed $39 billion acquisition of T-Mobile USA. Although noting that "[a]lleging harm to consumers . . . is not sufficient to demonstrate antitrust injury" to competitors, the court held that the mere fact that Sprint and Cellular South are competitors of the merging parties "is no bar" to pursuing such litigation. Finding plausible the theory that the merger would give AT&T monopsony power (a "buyer's monopoly") over the market for mobile wireless devices, the court allowed the lawsuit to proceed.
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