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Senators Urge Court to Scrutinize DOJ Settlement in HPE-Juniper Deal

By  |  July 30, 2025
DOJ

A group of Democratic senators is pressing a federal judge to take a closer look at the Department of Justice’s recent settlement allowing Hewlett Packard Enterprise Co. (HPE) to proceed with its $14 billion acquisition of Juniper Networks. The lawmakers argue the deal may have been influenced by political favoritism rather than grounded in the public interest.

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    According to a statement released by Senators Elizabeth Warren (D-Mass.), Amy Klobuchar (D-Minn.), Cory Booker (D-N.J.), and Richard Blumenthal (D-Conn.), the Department’s about-face on its earlier challenge to the merger raises serious concerns for the senators. They submitted a letter to Judge P. Casey Pitts of the U.S. District Court for the Northern District of California, urging the court to exercise its oversight authority under the Tunney Act.

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    Initially, the DOJ’s Antitrust Division filed a lawsuit on January 30 to block the proposed merger, warning that combining two of the top three enterprise wireless networking providers could result in significant market concentration. The trial was scheduled to begin on July 9. However, less than two weeks before proceedings were set to start, DOJ announced a settlement with the companies and moved to abandon its challenge.

    Per the senators’ statement, they believe the DOJ’s decision warrants further examination, particularly in light of reports that HPE and Juniper employed lobbyists with close ties to the White House and the Attorney General’s office. The letter also raises concerns about possible internal dissent within the Antitrust Division, alleging that staff who opposed the settlement may have been excluded from negotiations.

    As part of the Tunney Act’s public comment process, the senators submitted their letter to the DOJ’s Antitrust Division and also provided it directly to the court. They argue that without full transparency, the integrity of antitrust enforcement is at risk, especially amid growing concerns over alleged pay-to-play dynamics in various federal agencies.

    Per the statement, the senators are calling on the court to utilize its authority under Section 16(f) of the Tunney Act to gather information that could clarify whether the agreement was reached based on merit—or political expediency.

    The court has not yet responded to the request.

    Source: Warren Senate