AT&T trial date set for February

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"We're glad to have a start date for a trial," an AT&T spokesman said. "We are hopeful that we can reach a solution with the DOJ that addresses their concerns, but if not, we will be well prepared for trial." 

Sprint has filed its own lawsuit against the merger of its rivals. 

Judge Ellen Segal Huvelle on Wednesday ruled against Sprint's motion to have access to the documents that the government and AT&T will share with each other as part of their trial.

She scheduled Oct. 24 for an oral argument of whether to consolidate the two cases.

—This story was updated at 5:15 p.m.