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Letitia James, Merger Settlement Approval Violation, New York 2023

New York – In a scathing rebuke to the United States Department of Justice (DOJ), New York Attorney General Letitia James has called for an immediate review of the merger settlement between Hewlett Packard Enterprise (HPE) and Juniper Networks. AG James, along with 17 other attorneys general, contend that the settlement’s approval was marred by backroom dealings and potential violations of federal antitrust laws.

James asserts that reports indicate corrupt influence in the DOJ’s Antitrust Division, where senior officials allegedly overruled staff opposition to the merger. This, she claims, resulted from secret meetings and lobbying efforts by HPE consultants with close ties to former administration officials.

“Big corporations cannot use their money and power to make backroom deals that let them evade the law,” James said. “The court should investigate this corruption and take action to block the settlement.”

The merger, as initially challenged by DOJ, was found to potentially increase consumer costs by up to 14 percent. Two senior Antitrust Division attorneys who opposed the settlement were fired, one of whom labeled it a “scandal” that favored lobbyists over the rule of law.

Attorney General James and her coalition argue that if these allegations are substantiated, the DOJ’s high-level appointees have betrayed public trust and violated the Tunney Act. They demand that the judge in the Northern District of California investigate the matter further and block the settlement if corruption is proven.

This landmark move by AG James underscores the ongoing battle against corporate influence in legal settlements, aiming to protect consumers from harmful mergers and maintain the integrity of the justice system.

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