AT&T, T-Mobile Transaction Falls Outside Scope of Arbitration Clause

Another attempt to arbitrate a Clayton Act § 7 challenge to the proposed merger between AT&T Mobility LLC and T-Mobile USA failed, as the U.S. District Court for the District of Maryland denied a customer’s motion to compel and granted AT&T’s motion for injunctive relief (AT&T Mobility LLC v. Fisher, D. Md., No. 8:11-cv-02245-DKC).

Challenged Conduct.

Lara Fisher filed a petition to enforce arbitration agreements signed with AT&T Mobility LLC. The demand challenged the proposed merger between AT&T and T-Mobile USA under Clayton Act Section 7 and sought injunctive relief under Section 16.

Under the terms of ...