DALLAS (CBSDFW.COM) – The Justice Department is going to appeal the AT&T, Time Warner $85 billion mega-merger.

A federal judge ruled the merger was legal one month ago and imposed no conditions on the union.

The Justice Department fought the deal, arguing it would make the pay-TV market less competitive.

The judge ruled the government failed to show the merger violates anti-trust law.

David McAtee, AT&T General Counsel responded to the news with the following statement

“The Court’s decision could hardly have been more thorough, fact-based, and well-reasoned.  While the losing party in litigation always has the right to appeal if it wishes, we are surprised that the DOJ has chosen to do so under these circumstances.  We are ready to defend the Court’s decision at the D.C. Circuit Court of Appeals.”