4 ms·
The deal may get blocked, but your argument and thinking are completely wrong. Just like in any criminal or civil trial in the United States both sides can set
by ansy 15y ago
The deal may get blocked, but your argument and thinking are completely wrong.
Just like in any criminal or civil trial in the United States both sides can settle and the plaintiff (i.e. the DOJ) can drop the suit. Once the plaintiff drops the suit the trial is done. The judge and court are immediately removed from the equation.
Also, the DOJ just filed the suit. A lot of preparation needs to happen before a judge even decides if the court will hear the case. Much less actually go to trial and reach a decision.
While the trial moves forward AT&T will desperately try to reach a settlement with the DOJ to get them to drop the suit. Taking a case all the way to a judge or jury decision is the least desirable for both sides. It costs way more in legal fees, mountains more at this level, and the trial could drag on for months or years. Then there is the appeals process. Horrifyingly expensive and time consuming and in the end AT&T could still end up losing.
The DOJ has AT&T by the balls so if it wants something there's a good chance AT&T will agree to it now that the suit is in motion. And the only reason the DOJ got AT&T in this position is because it initiated this lawsuit. Without the lawsuit the DOJ had zero leverage. AT&T has enough skin in the game it might try to fight to the end, but it could be almost as bad as giving up and paying the fee if it won and twice as bad if it ended up losing.
What is interesting is that AT&T is saying the DOJ didn't ask for concessions before filing the suit. Or maybe it did and AT&T didn't think the negotiations were going this badly. Either way, the DOJ probably wants more than it thought it would get with or without more leverage.