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OK - @Tmobile @Sprint merger trial Day 8 - in front of Courtroom 23A dozens of corporate lawyers wait, while inside Judge Marrero holds a "sealed" meeting with the companies and DISH. Wasn't antitrust merger review supposed to be about the public interest? thread
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino After the courtroom was unlocked and Judge Marrero's non-public meeting about the public interest was over,
now DISH's Charlie Ergen is being cross-examined about Echostar.
Q: The FCC denied your request for a waiver, correct?
Ergen: Correct.
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino Q: So after DISH's shenanigans, the FCC sent up an investigation, correct?
Ergen: That is not correct.
Q: Let's talk about what you discussed with DOJ's antitrust chief.
Objection.
thread will continue
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino OK - Marrero is just back, and we're back from a more dramatic sentencing. Now Professor Michael Katz taking the witness stand. But first some objections about his report.
Witness: "My name is Michael Louis Katz."
Judge Marrero: We are going to condense the c.v.
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino Q: Professor Katz, has traffic being increasing in recent years?
Katz: Yes it has.
Now an AT&T chart is being shown.
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino Judge Marrero asks Katz about Professor Shapiro's views. Then he rocks back and forth on his chair.
Judge Marrero: Is it your experience in antitrust modeling -
Katz: Shapiro emphasizes quality rather than price. Getting more for your money is good for consumers
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino Q: Do you agree that the merger would allow greater coordination?
Katz: No. .. My conclusion is that Sprint would end up being a weaker competitor if the merger does not go through
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino Q: So Professor Shapiro, I mean, Katz --
[What passes for laughter in the courtroom]
Katz: That's not the first time that's happened.
Q: What was your role in updating the @TMobile model for 5G?
Katz: We asked them to add functionality model so I could calculate
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino Q: What analysis did you do?
Katz: Everyone agrees higher speed is important.

[Meanwhile many looking out the windows at the suddenly darkening as this "snow squalling" triggering alerts on the @Tmobile & @Sprint and even @MetroByTMobile phones finally arrives]
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino @MetroByTMobile Q: You showed some of the benefits come immediately and some later on, same with efficiencies. Does that mean those coming later don't count?
Katz. No. On this I think I agree with Prof Shapiro.
Q: Just a couple more, on CMCR, compensating ...
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino @MetroByTMobile Glenn Pomerantz, after Judge Marrero said he's ending for the day: We have a right to have Professors Scott Morton and Shapiro go last. We are the plaintiffs. They don't get to do a sur-rebuttal.
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino @MetroByTMobile Judge Marrero: I think Mr Pomerantz' proposal is reasonable and potentially more helpful to the court. And I think having an expert in FCC procedures in this case would only of marginal value
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino @MetroByTMobile Judge Marrero: We now have the plaintiffs with 22 1/2 hours and the defendants with 21.59. Fairly even. We had talk about the prospect of needing an additional day. We'd said we'd have post trial arguments - in worst case, have it continue the day before arguments
@TMobile @sprint @MatthewLeeICP @sdnylive @Mergers @geekwire @FierceWireless @mvnoblog @Cablefax @Benzinga @mobileworldlive @CGasparino @MetroByTMobile Pomerantz: We'll talk among ourselves and get back to you tomorrow.
Judge Marrero: Ok then, have a good evening.
Addendum: Now in @SDNYLIVE Magistrates Court, Inner City Press is told that Judge Marrero's idea for rare Saturday trial day has been floated internally. Story soon, after some Mag Court proceedings, separate #JailOrBail thread
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