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States Clash with DOJ and HPE in High-Stakes Tunney Act Review
The U.S. Department of Justice has unexpectedly aligned with Hewlett Packard Enterprise (HPE) to limit the influence of state attorneys general in the Tunney Act review of HPE’s Juniper Networks acquisition — a move critics say shields corporate interests over competition concerns.
Twelve states and the District of Columbia are pushing to intervene, claiming the DOJ’s $14 billion settlement fails to address serious antitrust harms and may have been shaped by lobbying rather than competitive analysis. They want full access to discovery, depositions, and hearings — far beyond the typical written-only review.
HPE and the DOJ argue that the states’ broad involvement could derail the process, causing delays and procedural disputes. But opponents say this collaboration signals a troubling cozy relationship between regulators and big tech, potentially weakening oversight at the expense of consumers. The court’s decision on the scope of state participation could redefine merger enforcement, testing whether federal settlements can withstand intense state scrutiny.
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