Department of Justice Asks Judge to Allow Sharing of Documents AT&T Gave FCC

The Justice Department asked U.S. District Judge Ellen Segal Huvelle to allow prosecutors to discuss with outside lawyers and consultants documents AT&T gave the Federal Communications Commission to support its proposed purchase of T-Mobile USA.

The Justice Department said in a court filing that the ability to discuss material would let it better respond to AT&T’s claims about the benefits of the proposed $39 billion deal during a trial of the government’s antitrust case. “The FCC already permits outside lawyers and consultants to review defendant’s FCC filings,” the Justice Department argued. Being able to discuss the material with some of those lawyers “would not increase the pool of those who have the ability to access defendant’s models.” The Justice Department subpoenaed the same documents in its preparation for the trial, which is scheduled to start Feb. 13. The request places “no additional burden” on AT&T, the government said in the filing.