Question
The boards of directors of Sprint and T-Mobile are considering merging, which would be accomplished through T-Mobile purchasing the stock of Sprint, and Sprint being
The boards of directors of Sprint and T-Mobile are considering merging, which would be accomplished through T-Mobile purchasing the stock of Sprint, and Sprint being absorbed into T-Mobile. Due to the size of the deal and the potential market effects in anticipation, the deal is kept secret during the early phases of negotiation. Mr. T, who sits on the boards of directors of both Sprint and T-Mobile, obviously knows about it though. He also has a tendency to attempt to impress women by emphasizing that he is a very important businessman, and at a bar one night, tries to impress a woman by bragging about how much money he'll make once the merger goes through. The next day the woman goes out and buys a bunch of T-Mobile stock. The deal goes through, but unfortunately Sprint customers aren't too happy about the switch and most leave. Management believes this is because T-Mobile is perceived to have higher prices, so they run a promotion that anyone who switches to T-Mobile within the next 30 days can lock themselves into a 2-year contract at Sprint's old prices. After that, prices will go back to normal T-Mobile prices. Mr. T, who had sold a bunch of his stock when T-Mobile started performing poorly after the merger, notices that the advertisement of the promotion is working buys back all of his stock, plus some (both of which took place within 3 months of the merger being finalized). Identify and explain any antitrust or securities issues you see in this story, and any defenses that might exist with respect to those issues you identified.
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