Democratic AGs Move to Disconnect DOJ Settlement in $14B HPE/Juniper Merger

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  • Twenty Democratic AGs, led by Colorado AG Phil Weiser, have submitted a letter to the U.S. DOJ opposing its proposed settlement in the antitrust litigation related to the $14 billion merger between Hewlett Packard Enterprise Co. (HPE) and Juniper Networks, Inc.
  • In the letter, the AGs argue that public information raises concerns that the merger may have been approved through acts that violate the Tunney Act, a law designed to safeguard against corruption and support transparency in DOJ antitrust settlements. Specifically, they claim that the settlement was pushed through over the objections of DOJ trial attorneys and Antitrust Division leadership, without adequately addressing the anticompetitive harms alleged in the government’s complaint.
  • The AGs caution that the merger could result in two firms—HPE and Cisco—controlling over 75% of the wireless networking market and may increase prices by up to 14%. The AGs urge the court to hold a hearing to assess whether the merger serves the public interest and whether the process leading up to it violated federal law.
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