Today AT&T is going to ask the Federal judge to toss out Sprint’s lawsuit seeking to stop it from buying up T-Mobile.

Bloomberg reports that the telecommunications behemoth is expected to argue that because it is a competitor and not a customer, Sprint has no right under anti-trust law to bring the case. In addition, AT&T will assert that Sprint’s claims that the deal is going to damage its business are unfounded.

The motion represents the first time since the DOJ sued to stop the merger back in August that any of the the underlying basis of the lawsuit will be tested.

Should Sprint’s case get chucked, the wireless provider could still assist the government in supplying documents and business analysis pertaining to the deal by filing amicus briefs with the court.

AT&T Aims to Evict Sprint in T-Mobile Hearing [Bloomberg]

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