A handful of AT&T’s customers are now fighting against its planned acquisition of T-Mobile. Law firm Bursor & Fisher filed lawsuits against AT&T on behalf of 11 AT&T subscribers in an effort to block the merger, AllThingsD reported on Friday. The lawyers have created a pitch site titled FightTheMerger.com and argue that The Clayton Antitrust Act gives “anyone who may be affected by a proposed merger” the power to sue in a federal court. “Government enforcement is an important part of the antitrust laws, but the Clayton Act also permits private parties who may be adversely affected to challenge a proposed merger,” one of the lawyers, Scott Bursor, said. “That means any AT&T cellphone, data or iPad customer who will suffer higher prices and diminished service because of this merger can sue to stop it from happening.” Reportedly, the AT&T customer agreement contract blocks customers from filing class-action lawsuits against the carrier. Bursor & Fisher says subscribers can instead file arbitration suits and argues that section 2.2 of AT&T’s customer agreement says customers could win a $10,000 payment. On Wednesday, Senate Antitrust Subcommittee chairman Herb Kohl asked the FCC and the Justice Department to block the merger. AT&T responded immediately and reaffirmed in its second-quarter earnings that the merger is on schedule for closure during the first quarter of 2011.
[Via AllThingsD]
