Court case

An email app developer says it has uncovered new data that suggests Apple has long been suppressing the rankings of apps in the App Store that compete with Apple’s own offerings, according to new court filings by the developer, which sued Apple in October for patent infringement and antitrust violations. Blix, which developed the BlueMail app, made the discovery only when Apple’s rankings suddenly changed in its favor.

As the $26 billion blockbuster merger between T-Mobile and Sprint teetered this summer, Makan Delrahim, the head of the Justice Department’s antitrust division, labored to rescue it behind the scenes, according to text messages revealed in a lawsuit to block the deal. Delrahim connected company executives with the Federal Communications Commission and members of Congress.

Companies, including US tech giants, should be blocked from transferring European users’ data in some cases if they can’t guarantee it will be handled in compliance with European Union privacy laws, an adviser to the EU’s top court recommended. The recommendation, if followed by the EU’s Court of Justice, could unleash a 

The government’s warrantless collection of emails and other Internet data for national security purposes is lawful, but searching that information for Americans’ communications raises constitutional privacy questions, a federal appeals court in New York ruled. At issue is an appeal by a former Brooklyn man who pleaded guilty to supporting a foreign terrorist group and now is seeking to overturn his conviction, saying the evidence against him was obtained through warrantless surveillance that violated the Fourth Amendment.

Makan Delrahim, the Justice Department’s antitrust chief, urged the chairman of Dish Network to enlist US senators to help win the Federal Communications Commission’s approval for the merger of Sprint and T-Mobile US, which would involve asset sales to the satellite TV provider. “Today would be a good day to have your Senator friends contact the [FCC] chairman,” Delrahim said in a text one day before the states sued to block the deal.

Huawei's Fifth Circuit challenge to a Federal Communications Commission ban against carriers using federal subsidies to buy its equipment is unlikely to succeed, attorneys and academics watching the case say. The Communications Act gives the FCC near “plenary authority” over how it disperses more than $4 billion in subsidies aimed at furthering universal access to internet and telephone services, Philip Verveer, who served as senior counselor to former Democratic FCC Chairman Tom Wheeler, said. The subsidies generally go to rural carriers to expand services in remote areas.

Whether Americans will pay more for cellphone service is at the center of arguments made by both sides battling last week over T-Mobile's purchase of Sprint. The coalition of state attorneys general that filed the antitrust lawsuit challenging the $26 billion merger fear consumers will pay more if the No. 3 and No. 4 U.S. carriers by subscribers combine, and that wireless industry competition will suffer.

Messages by a Sprint executive revealed in federal court suggested he thought an acquisition by T-Mobile might push up mobile-service prices for consumers, undercutting T-Mobile’s argument that its deal will benefit Americans. The text messages, presented by attorneys for a coalition of states suing to block the deal on antitrust grounds, were sent in October 2017 by Roger Sole, Sprint’s chief marketing officer, to Sprint’s then-CEO Marcelo Claure. Sole wrote that customer prices could rise an average $5 per user if a deal went through.

US District Judge Victor Marrero told lawyers fighting over T-Mobile’s more than $26 billion bid for Sprint to skip their customary opening arguments so they could start questioning witnesses, a sign he is seeking a speedy trial. And he asked both sides to trim their lists of witnesses to avoid beating him “over the head” with testimony. The bench trial is scheduled to carry into Christmas week but could last longer. The states’ first witness, Sprint marketing chief Roger Solé, testified to the company’s efforts to lure subscribers away from rivals, including T-Mobile.

A conclusion to the winding saga that is the T-Mobile/Sprint merger is inching closer, with an antitrust trial against several state attorneys general suing to block the deal slated to start Dec 9. Apparently, T-Mobile is eyeing a price cut for what started as a $26.5 billion deal, since Sprint’s finical situation has worsened as uncertainty about a tie-up between the nation’s third and fourth largest wireless carriers lingered. Sprint has also been recently impacted by disclosures that it incorrectly claimed subsidies for inactive Lifeline subscribers.