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Department of Justice: AT&T Lawsuit not a Negotiating Tactic

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Once again, Sharis Pozen, the Justice Department's Acting Assistant Attorney General of the Antitrust Division sent a very clear message that the Department isn't playing games when it comes to its lawsuit seeking to block AT&T's proposed takeover of T-Mobile.

Today in an event at the Georgetown Law Center, Pozen said, "We have alleged that this transaction violates the law, and we are going forward and preparing for that lawsuit. I wouldn't call it a pre-emptive lawsuit of any kind."

"It is very much our standard course,” Pozen said. “When we determine a merger violates the laws we inform the parties and take action."

Not that AT&T is listening. AT&T CEO Randall Stephenson is reported to have told a Wall Street gathering today that the company still hopes to convince the Justice Department to settle the case.

But let's roll the tape back.

When Judge Huvelle issued her minute order with some very standard language inviting the parties to come to discuss a proposed trial schedule and "prospects for settlement", AT&T's PR team convinced media that a settlement would be discussed yesterday.

I was in the court room yesterday and the notion of a settlement was never discussed.

Not once.

Yet, AT&T is STILL trumpeting this illusive settlement offer. And media are STILL dutifully taking dictation rather than asking critical questions.

Folks, if there was going to be a settlement offer, we would have heard about it yesterday. AT&T should stop playing games and the media should call them on it.

Or alternatively, AT&T should start listening to the Justice Department.

I go back to what Pozen said earlier: "We don't file lawsuits to posture, we file them when there are violations of the law."

Got that, AT&T?

Department of Justice on AT&T lawsuit: "We don't file lawsuits to posture."

The quote of the day come from Acting Assistant Attorney General Sharis Pozen, who has filed a Justice Department lawsuit against AT&T and Deutsche Telekom seeking to block the takeover to T-Mobile.

Thought AT&T's PR machine has been spining like crazy the notion that a settlement of the case with divestitures and conditions is really what the Department of Justice seeks, Pozen put that to rest in questioning from participants at a Fordham Law School event last week.

The Wall Street Journal quotes Pozen saying quite plainly:

"We don't file lawsuits to posture, we file them when there are violations of the law."

Got that AT&T?