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Thursday, 18 August 2011 - AT&T sues customers seeking to block T-Mobile deal |
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      Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Home Business Business Home Economy Technology Media Small Business Green Business Legal Deals Earnings Summits Business Video Markets Markets Home U.S. Markets European Markets Asian Markets Global Market Data Indices M&A Stocks Bonds Currencies Commodities Futures Funds peHUB World World Home U.S. Brazil China Euro Zone Japan Mexico Russia Afghan Journal Africa Journal India Insight Global News Journal Pakistan: Now or Never? 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Baidu may face tougher rules after media criticism Analysis: Soon you may see a rig off Virginia Business Traveller: Staying streetwise Video: Date-rape drug detector offers safety Slideshow: Glacial view Follow Reuters Facebook Twitter RSS YouTube Read UPDATE 3-White House denounces Perry as Republicans target Fed 16 Aug 2011 UPDATE 2-Abercrombie & Fitch wants clothes off Jersey Shore 7:17pm EDT Abercrombie & Fitch wants clothes off Jersey Shore 2:47pm EDT Confederate plates could be touchy issue for Perry 16 Aug 2011 Abercrombie & Fitch wants clothes off Jersey Shore 7:24pm EDT Discussed 232 UPDATE 3-White House denounces Perry as Republicans target Fed 204 Appeals court rules against Obama healthcare law 176 Stop coddling the super-rich: Buffett Watched KISS booted from Jackson concert, "Housewives" husband found dead Tue, Aug 16 2011 Backyards for rent in New York City Tue, Aug 16 2011 Tourist protection in Thailand Tue, Aug 16 2011 AT&T sues customers seeking to block T-Mobile deal Tweet Share this Email Print Related News Apple sued by Taiwan phone maker HTC over patents Tue, Aug 16 2011 Analysis: Two justices may decide fate of Obama healthcare law Mon, Aug 15 2011 Judge shuts down firms accused of homeowner scams Mon, Aug 15 2011 CORRECTED - Google-Motorola tie-up may draw antitrust scrutiny Mon, Aug 15 2011 Appeals court rules against Obama healthcare mandate Fri, Aug 12 2011 Analysis & Opinion Keker & Van Nest tries (again!) to intervene in Chevron trial Vioxx judge steps in to split $350 ml plaintiffs lawyer pie Related Topics Technology » Deals » Global Deals Review: 2011 Q2 » Global Deals Review » Inflows Outflows » Media » A view shows the AT&T store sign in Broomfield, Colorado April 20, 2011. Credit: Reuters/Rick Wilking NEW YORK | Wed Aug 17, 2011 3:05pm EDT NEW YORK (Reuters) - AT&T Inc is turning to the federal courts to thwart an effort led by law firm Bursor & Fisher to derail AT&T's $39 billion takeover bid for Deutsche Telekom AG's T-Mobile. In eight lawsuits filed last week, AT&T accused Bursor & Fisher and a second plaintiffs' firm, Faruqi & Faruqi, of trying to pressure AT&T into "an extortionate settlement" by encouraging AT&T customers to file multiple claims against the merger. Bursor & Fisher launched a "Fight the Merger" campaign in July, saying the megadeal would violate federal antitrust law and restrict competition. So far, Bursor & Fisher has filed 26 arbitration demands and more than 900 notices of dispute on behalf of AT&T customers who oppose the merger. In the lawsuits filed last week, AT&T argued that the claims, brought under antitrust law, could not be decided in arbitration. AT&T accused the firms of "taking a thousand bites at the apple" in hopes of finding one arbitrator willing to block the merger. The suits are a dramatic turnaround for AT&T, which just last November argued strongly in favor of arbitration in the U.S. Supreme Court case, AT&T v. Concepcion. There, customers had sued AT&T for allegedly advertising discounted cell phones, but charging sales tax on the full price. The Supreme Court sided with AT&T in April, finding that customers who signed phone contracts containing mandatory arbitration clauses waived their right to bring class action lawsuits against the company. Customers, the court held, had to resolve their disputes with the company in arbitration. By filing close to a thousand individual arbitration claims, Bursor & Fisher is trying to circumvent the Supreme Court's ruling, AT&T's lawyers said in the eight complaints, which were filed in federal courts across the country. The complaints point to specific language from customer contracts, which state that customers can only bring claims in their "individual capacity" and "not as a plaintiff or class member in any purported class or representative proceeding." CLASS-WIDE RELIEF AT&T argued that although the arbitrations were filed by individual customers, they are not seeking damages for any personal harm they suffered. Rather, they're seeking an injunction to block a $39 billion merger that would affect more than 120 million wireless customers, one complaint said. "Our arbitration agreement prohibits any form of class-wide relief. The Supreme Court upheld that," AT&T's lawyer, Andrew Pincus, told Reuters. Pincus, of Mayer Brown, also argued the Concepcion case before the Supreme Court. Scott Bursor, the lawyer behind the "Fight the Merger" campaign, said the American Arbitration Association has already overruled AT&T's objections and moved forward with the arbitration process. "AT&T's filing of these lawsuits appears to be an act of desperation, since AT&T now realizes it faces substantial likelihood that one or more of these arbitrations will stop the takeover from happening," he said in an email, describing the company's legal arguments as "frivolous." Richard Brunell, the director of legal advocacy at the American Antitrust Institute, described AT&T's legal action as "ironic," given AT&T's prior arguments in the Concepcion case. The problem with the lawsuits, he said, is that AT&T would also prevent customers from filing lawsuits in federal court. "So their preferred position is that consumers not be able to bring class actions anywhere, which divests consumers of their right to challenge anti-competitive conduct." But Pincus argued that a single arbitrator should not be able to make a decision that affects "the whole world," preempting official reviews by the U.S. Federal Communications Commission, the U.S. Department of Justice and numerous state regulators. Arbitration is not the appropriate venue for an "extremely complicated" analysis of relevant markets, potential effects of the merger on competition and prices and possible enhancements of technological innovation, the complaint said. Michael Hausfeld, a lawyer who has represented plaintiffs in unrelated antitrust arbitrations, said he knew of no merger that has ever been blocked by an arbitration filed by an individual customer. A pending Department of Justice investigation would likely prevent arbitration proceedings from moving forward, he said. A representative lawsuit is AT&T Mobility v. Gonnello et al, U.S. District Court, Southern District of New York, No. 11-5636. (Reporting by Terry Baynes; Editing by Eddie Evans and Gerald E. McCormick) Technology Deals Global Deals Review: 2011 Q2 Global Deals Review Inflows Outflows Media Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above. Social Stream (What's this?)   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Mobile Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Contact Us Advertise With Us Connect with Reuters Twitter   Facebook   LinkedIn   RSS Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

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