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Source: The State AG Report
State: Colorado, Multistate
Industry: Technology
Area of Law: Antitrust & Competition, Consumer Protection
- Thirteen Democratic AGs, led by Colorado AG Phil Weiser, have moved to intervene in the U.S. District Court of the Northern District of California's review of an antitrust settlement concerning the $14 billion merger between Hewlett Packard Enterprise Co. (HPE) and Juniper Networks, Inc.
- In their motion, the AGs express concerns about the process and substance of the settlement, alleging that it resulted from undue influence by well-connected lobbyists rather than being determined by the application of antitrust principles. They also argue that the substantive terms of the settlement are facially inadequate and fail to protect competition or the public interest.
- The AGs urge the court to apply its authority under the Tunney Act—a law that is designed to safeguard against corruption and undue influence in antitrust settlements—to order an evidentiary hearing in which their states can appear as parties. They argue they qualify for both mandatory and permissive intervention, citing their sovereign and antitrust enforcement interests. Without their participation, the AGs note, the court will only hear from settlement supporters. They add that intervention would also provide an efficient path for any future merger challenges.
- This motion follows a letter that twenty Democratic AGs submitted to the U.S. DOJ opposing the same settlement.
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