U.S. States Challenge DOJ Settlement in HPE–Juniper Merger

After suing to block the deal in January 2025, the U.S. Department of Justice later reached a settlement that allowed Hewlett Packard Enterprise to acquire Juniper Networks for $14 billion. The settlement required HPE to divest its Instant On wireless business and to license Juniper’s Mist AIOps software, and the companies filed the proposed final judgment under the Tunney Act for judicial review. Although the DOJ had argued that the merger could reduce competition, the settlement enabled the transaction to close while leaving the remedy subject to court approval.

A coalition of state attorneys general then asked to intervene in the Tunney Act review and to seek additional discovery and an evidentiary hearing. The Northern District of California granted permissive intervention, and Judge P. Casey Pitts set a status hearing for March 23, 2026. The intervening states said they were concerned about lobbying and the negotiation process, and they urged the court to examine whether the settlement serves the public interest. The DOJ has asked the court to deny live witness testimony, and HPE opposed the states' bid to extend the review schedule. Some analysts note that Tunney Act proceedings rarely unwind a closed merger, but the court's review will test whether the settlement is adequate.