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The United States of America, acting under the direction of the Attorney General of the
United States, and the states of Missouri, Arkansas, California, Connecticut, Hawaii, Idaho,
Illinois, Iowa, Kentucky, Maine, Massachusetts, Mississippi, Montana, Nevada, New York,
North Carolina, North Dakota, Oregon, Pennsylvania, Texas, Vermont, Washington, and
Wisconsin, the District of Columbia, and the Commonwealth of Puerto Rico (“Plaintiff States”),
acting under the direction of their respective Attorneys General, or other authorized officials,
bring this civil action to enjoin the merger of the two most significant direct broadcast satellite
(“DBS”) companies in the United States, Echostar Communications Corp. (“Echostar”) and
Hughes Electronics Corp. (“Hughes”), and allege as follows:
1. Over 80% of households in the United States subscribe to a multichannel video
programming distribution (“MVPD”) service such as DBS or cable. Such services
provide consumers with dozens, and in many cases hundreds, of video channels including
well-known ones like CNN, ESPN, TNT, and HBO.
2. Hughes’ DirecTV DBS service and Echostar’s Dish Network DBS service are the only
two nationwide MVPD services; each offers hundreds of channels to customers equipped
with small satellite receiver dishes. For most U.S. households, Hughes and Echostar are
two of only three providers of MVPD services, with a local cable system providing the
third option.
3. For millions of U.S. households, there is no cable option; for these consumers, Hughes’
DirecTV DBS service and Echostar’s Dish Network DBS service are the only
available
MVPD services.
4. Hughes and Echostar compete vigorously against each other throughout the United States