Tunney Act Judge Won't Delay T-Mobile/Sprint Review for State AGs' Suit

The Tunney Act review of T-Mobile's buying Sprint won't pause while states separately challenge the deal at U.S. District Court for the Southern District of New York, Judge Timothy Kelly said in a minute order Wednesday at U.S. District Court in Washington (case 1:19-cv-02232). Kelly allowed an October amici brief (in Pacer) by New York, the District of Columbia and other states challenging the deal at the SDNY, but said the states may not seek a stay of the case in Washington. States asked the D.C. court not to schedule any hearings or determination under the Tunney Act until the SDNY litigation finished. “To the extent [states’] brief can be characterized as a motion for a stay or to otherwise delay these proceedings, the Court will deny it,” Kelly said. Parties in the Tunney Act case should be on a phone status conference Friday at 2 p.m., he said. At the lower Manhattan court, post-trial findings of fact and conclusions of law were due Wednesday.