Court case

Department of Justice Antitrust Chief Makan Delrahim is facing congressional scrutiny over his recently revealed texts with DISH Chairman Charlie Ergen, according to a set of questions for the record from House Judiciary Antitrust Subcommittee Chairman David Cicilline (D-RI). I

A fight between the Federal Communications Commission and dozens of cities over the placement of 5G infrastructure will continue to play out in federal court in 2020, with oral arguments scheduled for February. At issue is whether the Federal Communications Commission can restrict how much municipalities can charge wireless carriers like AT&T Inc. to attach pizza box-sized wireless antennas, or small cells, to light poles and other city-owned infrastructure.

In a Dec 20 court filing,  the Department of Justice and the Federal Communications Commission argued that T-Mobile's purchase of Sprint is in the best interest of the US, and any nationwide injunction holding up the merger would block "substantial, long-term, and procompetitive benefits for American consumers." The argument, in large part, boils down to: trust us, we're the experts. "Both the Antitrust Division and the FCC have significant experience and expertise in analyzing these types of transactions and do so from a nationwide perspective," the agencies write.

The future of the American mobile broadband industry has hinged on a small courtroom in lower Manhattan, where carriers and regulators are squaring off over a plan to reshape the wireless business as we know it. The last hurdle to T-Mobile's purchase of Sprint is a federal lawsuit, filed by ten state attorneys general in the Southern District of New York, accusing the merger of being anti-competitive. This is regulators’ last chance to stop the merger from going through, by proving that a merged T-Mobile will mean higher prices and worse service for wireless customers.

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.