1 00:00:00,040 --> 00:00:02,480 Speaker 1: Well, now it's time for our daily Bloomberg lab reef 2 00:00:02,560 --> 00:00:05,280 Speaker 1: exploring legal issues in the news, brought to you by 3 00:00:05,320 --> 00:00:10,280 Speaker 1: American Arbitration Association. Business disputes are inevitable, resolve faster with 4 00:00:10,320 --> 00:00:14,960 Speaker 1: the American Arbitration Association, the global leader in alternative dispute 5 00:00:15,000 --> 00:00:18,720 Speaker 1: resolution for over ninety years. More at a dr dot org. 6 00:00:19,160 --> 00:00:22,640 Speaker 1: Today Bloomberg Lajos drum Grosso, and Greg Sture discuss anti 7 00:00:22,720 --> 00:00:26,000 Speaker 1: trust issues that may surround any plans to combine Sprint 8 00:00:26,040 --> 00:00:29,280 Speaker 1: and T Mobile. They speak with Jennifer Ree, senior litigation 9 00:00:29,280 --> 00:00:33,160 Speaker 1: analyst for Bloomberg Intelligence, sketch out if you would quickly 10 00:00:33,159 --> 00:00:35,720 Speaker 1: first just the state of the mobile phone market. Where 11 00:00:35,720 --> 00:00:37,839 Speaker 1: do Sprint and T Mobile fit? What share of the 12 00:00:37,880 --> 00:00:40,800 Speaker 1: market do they have? That sort of thing? Well, right now, 13 00:00:40,960 --> 00:00:44,360 Speaker 1: essentially in the US, they're just really four big wireless players, 14 00:00:44,360 --> 00:00:46,880 Speaker 1: and I think most people know that with Verizon is 15 00:00:46,920 --> 00:00:50,200 Speaker 1: the biggest at around thirty eight percent based on Bloomberg data, 16 00:00:50,200 --> 00:00:52,879 Speaker 1: which which isn't precise, but it's close a T and 17 00:00:52,920 --> 00:00:57,000 Speaker 1: T at about market share, T Mobile at about and 18 00:00:57,040 --> 00:00:59,639 Speaker 1: Sprint at about eleven percent, and then leaves about ten 19 00:00:59,680 --> 00:01:02,600 Speaker 1: percent for a lot of smaller non national type players. 20 00:01:03,240 --> 00:01:06,880 Speaker 1: Had things in the marketplace changed a lot since the 21 00:01:06,959 --> 00:01:10,679 Speaker 1: previous attempt to merge the companies was rejected, or is 22 00:01:10,680 --> 00:01:14,200 Speaker 1: it more about the change in administrations? You know, I 23 00:01:14,240 --> 00:01:16,560 Speaker 1: think things have changed, but a lot of things have 24 00:01:16,600 --> 00:01:19,600 Speaker 1: also stayed the same. About what was problematic in the past, 25 00:01:20,280 --> 00:01:23,959 Speaker 1: some of those factors will remain problematic today. And of 26 00:01:24,000 --> 00:01:26,320 Speaker 1: course the administration is changing too, and there's been a 27 00:01:26,400 --> 00:01:29,720 Speaker 1: lot of speculation about that. And I think historically Republican 28 00:01:29,760 --> 00:01:33,400 Speaker 1: administrations do tend to be easier on deals than democratic ones, 29 00:01:33,680 --> 00:01:36,919 Speaker 1: but not in an extreme manner, really only on the fringe, 30 00:01:37,000 --> 00:01:39,920 Speaker 1: just sort of the slightest bit. There isn't really a 31 00:01:39,959 --> 00:01:44,280 Speaker 1: big difference in the evaluation that that the antitrust regulators 32 00:01:44,280 --> 00:01:46,280 Speaker 1: will go through to determine whether a deal might be 33 00:01:46,319 --> 00:01:48,840 Speaker 1: harmful to a market is the same no matter what 34 00:01:49,400 --> 00:01:52,560 Speaker 1: political party you come from. So, as you laid it out, 35 00:01:52,720 --> 00:01:55,240 Speaker 1: Sprint and T Mobile are a distant third and fourth 36 00:01:55,280 --> 00:01:57,960 Speaker 1: in the market, and and I think one can anticipate 37 00:01:58,000 --> 00:02:00,720 Speaker 1: if they go forward with this, they will argue that 38 00:02:00,760 --> 00:02:03,920 Speaker 1: we will be a stronger competitor to Verizon and a 39 00:02:04,000 --> 00:02:07,800 Speaker 1: T and T um Is that an argument that you 40 00:02:07,840 --> 00:02:10,640 Speaker 1: see as having in the potential to have some legs 41 00:02:10,680 --> 00:02:13,440 Speaker 1: to it. Greg, I think it's one of the best 42 00:02:13,520 --> 00:02:15,760 Speaker 1: arguments they have. I think it's a good argument, and 43 00:02:15,800 --> 00:02:19,120 Speaker 1: I think it's it's likely, you know, a good argument 44 00:02:19,160 --> 00:02:21,080 Speaker 1: for them to go in with, and and if they 45 00:02:21,120 --> 00:02:23,560 Speaker 1: have any chance at all, it's it's probably based on 46 00:02:23,680 --> 00:02:26,120 Speaker 1: something like that. I think the problem here is that 47 00:02:26,160 --> 00:02:28,680 Speaker 1: they it's an uphill climb. They walk in, you know, 48 00:02:28,720 --> 00:02:31,919 Speaker 1: with the odds against them, because as a threshold matter, 49 00:02:32,320 --> 00:02:34,720 Speaker 1: agencies will ask the d J will ask, well, what 50 00:02:34,840 --> 00:02:36,760 Speaker 1: is the concentration in the market, And that's just a 51 00:02:36,800 --> 00:02:39,520 Speaker 1: matter of math, and they take those market shares, they 52 00:02:39,560 --> 00:02:41,960 Speaker 1: square them, and they sum the squares, and they look 53 00:02:41,960 --> 00:02:44,160 Speaker 1: at the difference before the merger and after the merger, 54 00:02:44,240 --> 00:02:47,880 Speaker 1: and if those numbers exceed that change that difference exceeds 55 00:02:47,880 --> 00:02:50,520 Speaker 1: two hundred, which it does here in a market that 56 00:02:50,680 --> 00:02:54,880 Speaker 1: is deemed to be highly concentrated, which this is automatically, 57 00:02:55,160 --> 00:02:57,799 Speaker 1: they consider that as a threshold matter, to be a 58 00:02:57,840 --> 00:03:01,200 Speaker 1: deal likely to cause harm to the market. As Jennifer Ree, 59 00:03:01,320 --> 00:03:05,000 Speaker 1: senior litigation analyst for Bloomberg Intelligence, speaking at the Bloomberg 60 00:03:05,040 --> 00:03:07,919 Speaker 1: Student Grosso and Greg Sture, you can listen to Bloomberg 61 00:03:07,960 --> 00:03:10,560 Speaker 1: Law weekdays at one p m. Wall Street Time here 62 00:03:10,639 --> 00:03:13,400 Speaker 1: on Bloomberg Radio Now. Among his top legal stories from 63 00:03:13,440 --> 00:03:16,480 Speaker 1: Bloomberg Law, A federal appeals court has reinstated the six 64 00:03:16,520 --> 00:03:20,560 Speaker 1: game suspension a pro football star Ezekiel Elliott. A trial 65 00:03:20,639 --> 00:03:24,280 Speaker 1: judge had halted the punishment after determining the NFL's arbitration 66 00:03:24,320 --> 00:03:27,760 Speaker 1: process had treated the Dallas running back unfairly. Elliot was 67 00:03:27,800 --> 00:03:31,000 Speaker 1: accused of mistreating a former girlfriend, but no formal charges 68 00:03:31,040 --> 00:03:34,679 Speaker 1: were filed. Elliott's legal team says it's now considering its 69 00:03:34,720 --> 00:03:38,000 Speaker 1: options and as this morning's Bloomberg Law Brief, you can 70 00:03:38,040 --> 00:03:40,640 Speaker 1: find more illegal news at Bloomberg Law dot com and 71 00:03:40,680 --> 00:03:44,800 Speaker 1: Bloomberg BNA dot com. Attorneys will find exceptional legal research 72 00:03:44,800 --> 00:03:48,160 Speaker 1: and business development tools there as well. Visit Bloomberg Law 73 00:03:48,240 --> 00:03:51,680 Speaker 1: dot com and Bloomberg BNA dot com for more information