Instead, HPE has been dragged into one of those weird MAGA conspiracy theories that orbit President Trump’s White House. Even Laura Loomer, the vituperous online Trump activist, somehow got involved.
Given that the DOJ dropped its opposition to the merger (it previously complained it would reduce market competition), Neri could reasonably have expected the federal judge overseeing the litigation to waive the deal through.
A “Tunney review” is a judicial proceeding that asks whether a proposed merger is in the public interest. The Tunney Act was created in in the 1970s in reaction to President Nixon’s meddling in the M&A market.
For its part, HPE believes it has done nothing wrong, and that it has simply prevailed in a routine judicial process.
“HPE is confident our acquisition of Juniper Networks is in the public interest and will promote further competition in the enterprise WLAN market,” the company told Fortune. “The transaction was appropriately approved with certain remedies by the U.S. Department of Justice, and it was unconditionally approved by 13 other antitrust regulators around the world. We respect the role our regulators play in maintaining competitive markets and appreciate the professional and constructive way in which the DOJ engaged with us in approving the deal.”
It is this person that Stoller and his online colleagues believe is a lobbyist responsible for changing the minds of Attorney General Pam Bondi and her chief of staff, Chad Mizelle, and thus reversing their opposition to the deal.
The next step is up to Judge Pitts. It is not clear cut that Pitts will rubber-stamp the DOJ’s decision. Pitts is a Biden appointee who previously worked at a public interest law firm—and he may therefore be sceptical that Trump’s DOJ went from fierce opposition to “whatever” so quickly.
His ruling is likely months away.
The DOJ told Fortune: “The Department has consistently reiterated that resolution of this merger was based only on the merits of the transaction,” according to spokesman Gates McGavick.
