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FTC Challenges Proposed Merger of Staples, Inc. and Office Depot, Inc.

News release: “The Federal Trade Commission today filed an administrative complaint charging that Staples, Inc.’s proposed $6.3 billion acquisition of Office Depot, Inc. would violate the antitrust laws by significantly reducing competition nationwide in the market for “consumable” office supplies sold to large business customers for their own use. Framingham, Mass.-based Staples – the world’s largest seller of office products and services – and Boca Raton, Fla.-based Office Depot are each other’s closest competitors in the sale of consumable office supplies to large business customers, according to the complaint. “The Commission has reason to believe that the proposed merger between Staples and Office Depot is likely to eliminate beneficial competition that large companies rely on to reduce the costs of office supplies,” said FTC Chairwoman Edith Ramirez. “The FTC’s complaint alleges that Staples and Office Depot are often the top two bidders for large business customers.”  According to the complaint, many large business customers buy consumable office supplies for their own use under a contract. In addition to a wide range of office supplies at competitive prices, the vendor provides them with fast and reliable nationwide delivery, dedicated customer service, customized online catalogs, integration of procurement systems, and detailed utilization reports.  That business-to-business market is distinct from the more competitive retail markets for office supplies sold to consumers…”

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