States in HPE-Juniper US Tunney Act review granted discovery on public interest
By Curtis Eichelberger ( December 31, 2025, 23:39 GMT | Insight) -- The judge overseeing the Tunney Act review of the US government’s merger settlement with Hewlett Packard Enterprise and Juniper Networks said intervening states can pursue discovery, but it must be targeted to whether entry of the proposed final judgment is in the public interest. The judge said "the Tunney Act evinces Congress’s recognition that the decision-making process that resulted in a proposed final judgment may be relevant in determining whether the judgment serves the public interest, but primarily to the extent that process bears upon the adequacy of the proposed judgment. Applying this principle, it is apparent that at least some of the discovery the states have requested is appropriate and proportional to the needs of the case."The judge overseeing the Tunney Act review of the US Department of Justice’s merger settlement with Hewlett Packard Enterprise and Juniper Networks said intervening states can pursue discovery, but it must be targeted to whether entry of the proposed final judgment is in the public interest....
Prepare for tomorrow’s regulatory change, today
MLex identifies risk to business wherever it emerges, with specialist reporters across the globe providing exclusive news and deep-dive analysis on the proposals, probes, enforcement actions and rulings that matter to your organization and clients, now and in the longer term.
Know what others in the room don’t, with features including:
Daily newsletters for Antitrust, M&A, Trade, Data Privacy & Security, Technology, AI and more
Custom alerts on specific filters including geographies, industries, topics and companies to suit your practice needs
Predictive analysis from expert journalists across North America, the UK and Europe, Latin America and Asia-Pacific
Curated case files bringing together news, analysis and source documents in a single timeline