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Earlier this year, AT&T announced its plans to acquire T-Mobile, a plan that would change the landscape of wireless service in the United States and pave the way for an industry dominated by two large players: the new AT&T and Verizon Wireless. Today, the U.S. Justice Department stepped in, issuing a complaint to block the acquisition.

T-Mobile is currently a lower-cost option for wireless service, and the acquisition would most likely result in less competition and higher prices. Earlier this year, the Department of Justice blocked a merger between H&R Block and TaxAct, and the move was questioned when deals like the one between AT&T and T-Mobile were allowed to continue. As we can see now, the government is attempting to take the anti-duopoly approach across industries.

The Comcast acquisition of NBC was a different type of acquisition, and the Department of Justice did not seek to block it. The unified company can now control media from their creation to delivery, and this type of vertical integration seems to not be seen as anti-competitive, even though it could result in increased cost for the consumer and content exclusivity where none existed before. Deals like the one between AT&T and T-Mobile or between H&R Block and TaxAct take a marketplace and offer the consumer fewer choices.

Cell PhoneSprint, the distant fourth player in wireless, lobbied the Department of Justice to block the merger. While the block may be in the best interest of consumers, it’s definitely in the best interest of Sprint, likely to be pushed out of the market after the proposed acquisition. If the shoe were on the other foot, and AT&T were to buy Sprint, T-Mobile would be the company seeking to block the deal on behalf of consumers.

Consolidations and acquisitions can be good for the economy when there are major inefficiencies. Capitalists, for the most part, don’t want the government stepping in to block he progress of business and the growth of corporate empires. In theory, if one company gets so large that the consumer is left with poor choices, the market will eventually correct itself with new players willing to meet the neglected needs of the consumer. But when the cost of becoming a large enough presence in a market dominated by one or two companies is prohibitive, as it most likely is for offering cellular service due to the necessary infrastructure, blocking an acquisition might be a better solution than waiting a decade, a generation, or more for new competitors to re-shape the consumer landscape.

In its own words, the Department of Justice explains the decision:

The Department filed its lawsuit because we believe the combination of AT&T and T-Mobile would result in tens of millions of consumers all across the United States facing higher prices, fewer choices and lower quality products for their mobile wireless services.

Consumers across the country, including those in rural areas and those with lower incomes, have benefitted from competition among the nation’s wireless carriers, particularly the four remaining national carriers. This lawsuit seeks to ensure that everyone can continue to reap the benefits of that competition.

This isn’t the only acquisition of concern recently; Capital One was the winning bidder for ING Direct. Although the deal would make Capital One “only” the sixth largest bank in the United States when measured by deposits, the government and regulators are not taking this deal lightly, seeking more comments from the public.

Do you think the Department of Justice should block the AT&T acquisition of T-Mobile?

Photo: whiteafrican
Department of Justice

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The Department of Justice filed an anti-trust lawsuit against H&R Block. This second-largest income tax preparation service intended to acquire the company that owns third-largest income tax preparation service, TaxACT. Based on the number of customers who used these companies’ services to self-file 2010 tax returns, the combined company would still be a distant second to Intuit’s TurboTax. The new combined tax-filing service would be run by TaxACT’s management team, which is surprising considering H&R Block’s At Home product has more customers and is a more recognized brand.

According to the government agency, the proposed merger would result in too much consolidation in the marketplace, decreasing choices for consumers and increasing prices. Consumers’ interests are better served in a competitive marketplace, and the Department of Justice has the job of stepping in when a merger or acquisition would result in unfair competition. For a while, the DOJ has been quiet, allowing companies to consolidate, deferring to market forces. The DOJ didn’t act when AT&T planned to acquire T-Mobile, a deal that would create a duopoly among mobile phone service providers. The government also didn’t have a problem with Comcast’s purchase of NBC Universal, which put the full stream of television, from production to broadcast to delivery, in the hands of one company.

H&R Block responded to the government’s suit with claims that the merger would increase options for tax-filing customers.

CNN, H&R Block

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This weekend, AT&T announced its plans to buy T-Mobile USA for $39 billion, pending regulatory approval. The new company would be the leading mobile telephone (and data) service provider in terms of customers. With the new AT&T soaking up 39% of the mobile market, and with Verizon Wireless at a close second at 31%, this would create an effective duopoly.

This could be good news for AT&T customers who are frustrated with dropped calls, slow data downloads, and spotty 4G service. T-Mobile’s network is easily combined with AT&T’s, as they both function with the same GSM technology.

The U.S. Government Accountability Office, in a study that is proactively cited by AT&T executives strongly in favor of the merger, says that services prices for the consumer have fallen from 1999 through 2009, a period which has seen consolidation of wireless carriers. However, the GAO has recommended to the Federal Communication Commission that regulators should do more to increase competition among carriers and to increase transparency regarding fees and prices.

If the deal goes through, and considering the FCC’s encouragement of mergers and acquisitions recently I expect it will, Verizon Wireless will likely follow suit with a renewed bid for Sprint-Nextel.

Those with basic mobile needs might want to consider alternative options. The big wireless carriers get a lot of attention, but some of the smaller, independent companies can offer basic services at a lower price point. Some of these smaller companies are owned by the major networks or use the major networks’ infrastructure, so they might not be as independent as they first appear. For example, Boost Wireless and Virgin Mobile simply resell use of Sprint’s network.

Pre-paid plans are popular, and for many, cost less than a contract. Most of the mobile providers use slightly different branding for their pre-paid plans, perhaps because they believe the target market is different than for contract-based customers. In fact, since mobile phone companies often require credit checks before customers can be approved for a plan, those without a credit history or with a damaged credit history may be required to enroll in a pre-paid program with an initial deposit.

Financial analysts and consumer groups all have something to say about this deal. Consumer Reports looks at the effects a deal might have on customers: T-Mobile users will likely see rate hikes and Sprint customers who are generally more satisfied than customers of AT&T or T-Mobile will likely be pushed out of the market, but coverage for AT&T and T-Mobile might improve. The fact that the two carriers to be merged operate on different wavelengths, even if they use the same technology otherwise, might hinder coverage consolidation in the short term. Read more from Consumer Reports.

Analysts seem divided. Some think the mobile industry is overdue for consolidation. Others believe fewer choices is not good for the consumer or wireless device vendors and infrastructure suppliers. Read more from the analysts.

What type of mobile carrier do you use? Do you think this acquisition will be beneficial or harmful to the mobile communications industry?

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In my wallet, plastic is king. I use my credit card for almost every transaction, though in rare cases I still go for cash. Like many others in this country and around the developed world, I also carry my cell phone around with me everywhere I go. Cell phone technology is progressing quickly, and this year, more phones with payment capabilities will be in the hands of consumers.

New technology allows mobile phones to be used as payment devices. Some vendors, like Starbucks, offer mobile apps that store your credit card information. When you pay for a drink or some other product, you can bring up a bar code that represents your card information. The cashier can scan your phone to accept the payment. This technology is similar to using a credit card, but reduces the need to fumble through a wallet.It depends on the retailer offering an application for your phone, and it may not be compatible with other retailers.

The more exciting technology is near-field communication, an extension of the RFID technology that some credit cards already use. When you have a phone with near-field communication enabled, the device needs to be within four inches of the receiver to complete a contactless transaction. The working distance of eight inches helps to protect the wireless signal from being intercepted, but the risk still exists. With this technology, a nearby reader could activate your payment system without your knowledge.

Furthermore, a stolen cell phone containing any mobile payment technology can be tampered with. A thief could use your phone to pay for items, increasing your credit card bill, much like a thief who steals your wallet might do. Credit card companies won’t hold you liable for charges after a theft of your credit card information, but this isn’t a strong enough reason to use technology without safeguarding against theft.

The mobile carriers AT&T, Verizon Wireless, and T-Mobile have joined forces with Discover to create a mobile payment gateway, Isis, to compete with Visa and Mastercard in this new space. Isis believes this will be a big year for mobile payments, but that depends on the public buying new phones that contain near-field communication technology. The iPhone 5 is said to contain this technology and is rumored to be released in June.

I’m not going to be one of the first to use this new technology. While it’s unlikely for my credit card information to be hijacked, phones are insecure devices. I don’t plan on using contactless technology for payments until I see that more can be done to protect the consumer. I’m usually interested in new technology and enjoy being on the leading edge, but I’d rather be cautious with any technology that makes it easy to spend money and is prone to digital theft or interference.

Do you use mobile payment technology now? Will you buy a phone with and use near-field communication for payments?

Photo: Yutaka Tsutano

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Safe Donations to Victims of the Earthquake in Haiti

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Changed My Verizon Wireless Plan: Same Features for $30 Less

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I had family visiting from California this weekend, and was very glad to be able to take time off from work and everything else just to be able to spend it with them. It’s precious time I’ll always remember. In the midst of our happy chatter over brunch this morning at a great local diner, ... Continue reading this article…

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Jonathan Saved Me 17%

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Jonathan from MyMoneyBlog posted about wireless plan discounts based on the company that employs you, so I decided to look into Verizon’s Employee Discounts to see if I qualified. Good news! Within the next two billing cycles, I will have a discount of 17 percent applied to my bill. This discount is for personal cell phones, ... Continue reading this article…

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