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Antitrust LawMerger ApprovalAug 14, 2026, 7:51 AM· 4 min read· in law justice

Federal Judge Approves $14 Billion HPE-Juniper Merger Settlement Despite DOJ Lobbying Violations

A federal judge cleared Hewlett Packard Enterprise’s acquisition of Juniper Networks, ruling that while the companies and the Justice Department violated transparency laws during settlement talks, the court lacked authority to block the deal.

By Svetlana Pavlova

Intervening State Attorneys General 30%Hewlett Packard Enterprise 30%Justice Department Leadership 20%Antitrust Whistleblowers 20%
Intervening State Attorneys General
Argue the settlement was corrupted by undisclosed lobbying and that the remedies fail to protect large enterprise customers from a new networking duopoly.
Hewlett Packard Enterprise
Maintains that the merger creates a stronger domestic competitor to Cisco and characterizes the lobbying disclosure lapses as minor procedural errors.
Justice Department Leadership
Asserts that the structural remedies represent a pragmatic approach to preserving competition, avoiding the risks of a trial they might have lost.
Antitrust Whistleblowers
Contend that political appointees subverted the rule of law by overruling career staff and capitulating to outside consultants.

In a 41-page order filed late Wednesday, U.S. District Judge P. Casey Pitts formalized the creation of a new duopoly in the American enterprise networking market. The federal court in San Jose approved a settlement clearing Hewlett Packard Enterprise’s $14 billion acquisition of Juniper Networks, ending an 18-month legal battle over the consolidation of critical digital infrastructure.[1][3]

The ruling concludes one of the most fiercely contested antitrust cases of the current administration, pitting career Justice Department prosecutors against political appointees and outside consultants. Judge Pitts approved the settlement while explicitly acknowledging that both HPE and the government violated federal transparency rules to secure the deal.[2][6]

The judicial review was mandated by the Antitrust Procedures and Penalties Act of 1974, commonly known as the Tunney Act. Designed to prevent corrupt backroom deals in federal enforcement, the law requires judges to independently verify that antitrust settlements serve the public interest and mandates that corporations disclose all lobbying communications with government officials.[1][6]

In his order, Judge Pitts found that HPE failed to disclose lobbying efforts targeting the CIA and the Pentagon. Furthermore, the court determined that the administration withheld information regarding alternative remedies it had considered before abruptly dropping its lawsuit against the merger in June 2025.[1][2]

The Tunney Act requires federal judges to independently verify that antitrust settlements serve the public interest.

Despite identifying these statutory violations, the court concluded it lacked the authority to block the merger. Pitts ruled that because a coalition of intervening state attorneys general eventually forced the concealed information into the public record, the initial procedural defects did not result in legal prejudice that would bar the settlement.[1][2]

The underlying transaction reshapes the hardware and software systems that power the modern workplace. HPE and Juniper provide enterprise-grade wireless local area network solutions, which manage Wi-Fi and data routing for hospitals, universities, and corporate campuses across the country.[3][4]

Prior to the merger, Cisco Systems controlled roughly 48 percent of this market, with HPE and Juniper holding the second and third positions. The combined entity will now control approximately a quarter of the market, leaving American institutions reliant on two primary vendors for critical networking infrastructure.[3][4]

Prior to the merger, Cisco Systems controlled roughly 48 percent of this market, with HPE and Juniper holding the second and third positions.

The Justice Department initially recognized this concentration as a severe threat. In January 2025, the DOJ sued to block the acquisition, warning that eliminating head-to-head competition between HPE and Juniper would drive up prices and stifle technological innovation.[2][3]

HPE and Juniper provide the wireless networking hardware and software that power large corporate and institutional campuses.

That posture changed dramatically just weeks before the trial was scheduled to begin. Over the objections of career antitrust staff, DOJ political leadership brokered a settlement. The internal conflict resulted in the firing of two senior antitrust officials, including Principal Deputy Assistant Attorney General Roger Alford, who publicly characterized the process as a subversion of justice.[1][2][6]

Court records and state investigations revealed that HPE deployed outside consultants with close ties to the administration to lobby political appointees directly, bypassing the career attorneys handling the case. The intervening states argued this backroom campaign fundamentally corrupted the settlement process and violated the spirit of the Tunney Act.[1][5][6]

To satisfy antitrust concerns, the approved settlement requires HPE to divest its "Instant On" wireless networking business within 180 days. This division is primarily focused on providing hardware to small and medium-sized businesses, rather than the large enterprise customers at the center of the original lawsuit.[1][3]

Additionally, the combined company must auction a perpetual, worldwide license to Juniper's "AI Ops for Mist" source code. The Justice Department argued these structural remedies would allow a new competitor to emerge or strengthen an existing rival in the networking space.[1][3]

The settlement requires HPE to spin off a small-business unit and license key software to competitors.

A coalition of 13 states, led by California Attorney General Rob Bonta, intervened in the proceedings to argue that these remedies were facially inadequate. They contended that divesting a small-business unit does nothing to protect the large enterprise customers harmed by the merger, calling the deal a "limited" settlement approved under duress.[4][5]

Judge Pitts conceded the states' economic logic, writing that there is little doubt the acquisition may lessen competition by eliminating one of the market's primary competitors. However, he concluded the court lacked the independent power to prevent that outcome if the Justice Department chose to abandon its enforcement action.[1][2]

The ruling highlighted a structural weakness in judicial oversight of federal settlements. Pitts noted that if he rejected the consent decree, the Justice Department had signaled a reasonable chance it would simply dismiss the lawsuit entirely, leaving the public with no remedies at all.[1][5]

HPE celebrated the ruling as a complete victory. A company spokesperson stated that the court recognized the disclosure issues as purely procedural and non-prejudicial, confirming that the integration of Juniper's operations will proceed without further delay.[1][2]

While the federal hurdle is cleared, the intervening states maintain the authority to pursue their own independent antitrust litigation against the merged entity. However, unwinding a consummated multi-billion-dollar hardware merger presents severe logistical challenges, leaving the new market reality firmly in place.[1][5]

What to know

  • A federal judge approved the Justice Department's settlement allowing HPE to acquire Juniper Networks for $14 billion.
  • The judge found that both HPE and the Trump administration violated transparency rules by failing to disclose lobbying efforts.
  • Despite the violations, the court ruled it lacked the authority to block the merger if the Justice Department chose to drop its lawsuit.
  • HPE must divest its small-business networking unit and license key software to competitors as part of the agreement.
  • A coalition of 13 states opposed the settlement, arguing it was corrupted by backroom deals and fails to protect enterprise customers.

Key terms

Tunney Act
A federal law requiring judicial review of government antitrust settlements to prevent corrupt backroom deals and ensure the agreements protect the public.
WLAN
Wireless Local Area Network; the hardware and software infrastructure that provides Wi-Fi coverage across large areas like hospitals, campuses, and offices.
Consent Decree
A legal settlement where a company agrees to take specific actions—like selling off a division—to resolve a government lawsuit without admitting guilt.
Divestiture
The forced sale of a business unit or asset, often required by regulators to prevent a merged company from holding too much market power.

Reader questions

What is the Tunney Act?

The Tunney Act is a 1974 federal law that requires judges to review antitrust settlements between the government and corporations to ensure they serve the public interest. It also mandates that companies disclose any lobbying communications they had with government officials regarding the settlement.

Why did the judge approve the settlement if rules were broken?

Judge Pitts ruled that while HPE and the government failed to disclose certain lobbying efforts, the intervening states eventually uncovered and publicized that information. Because the information became public before the final ruling, the judge determined the initial secrecy did not legally prejudice the outcome.

What does HPE have to give up to complete the merger?

HPE must sell off its "Instant On" wireless networking business, which caters to small and medium-sized businesses, within 180 days. It must also auction a perpetual license to Juniper's "AI Ops for Mist" source code.

Can the states still stop the merger?

While the federal settlement is approved, the states retain the authority to file their own independent antitrust lawsuits against the merged company, though unwinding a completed merger is legally and logistically difficult.

Sources

Source coverage

6 outlets

4 viewpoints surfaced

Intervening State Attorneys General 30%Hewlett Packard Enterprise 30%Justice Department Leadership 20%Antitrust Whistleblowers 20%
  1. [1]Daily JournalHewlett Packard Enterprise

    HPE's $14B Juniper acquisition wins federal court approval

    Read on Daily Journal
  2. [2]Free Malaysia TodayJustice Department Leadership

    US judge approves HPE's US$14bil takeover of Juniper despite concerns

    Read on Free Malaysia Today
  3. [3]Seeking AlphaHewlett Packard Enterprise

    Hewlett Packard Enterprise wins approval for DOJ settlement in Juniper deal

    Read on Seeking Alpha
  4. [4]Network WorldIntervening State Attorneys General

    It's final! Judge says HPE's Juniper acquisition is complete

    Read on Network World
  5. [5]State of California DOJIntervening State Attorneys General

    Attorney General Bonta Issues Statement on Court Decision Regarding HPE/Juniper Merger

    Read on State of California DOJ
  6. [6]The Capitol ForumAntitrust Whistleblowers

    HPE/Juniper: Tunney Act Review Looms Over Novel Settlement

    Read on The Capitol Forum

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