📺 Stream EntrepreneurTV for Free 📺

Staples and Office Depot: U.S. Government 'Simply Wrong' for Trying to Block Merger More than a year ago, Staples offered to buy Office Depot in a transaction then valued at about $5.5 billion, pressured by declining sales in the office supplies sector and the rise of rivals.

By Phil Wahba

entrepreneur daily

This story originally appeared on Fortune Magazine

Staples and Office Depot took their merger case directly to customers on Friday, saying in an open letter that the U.S. government is "simply wrong" for blocking their proposed deal.

More than a year ago, Staples offered to buy Office Depot in a transaction then valued at about $5.5 billion, pressured by declining sales in the office supplies sector and the rise of rivals, most notably Amazon.com and W.B. Mason.

But the Federal Trade Commission sued to block the deal, arguing it would severely curtail competition in the "consumables" space (paper, pencils, etc.). The FTC is trying to win a preliminary order from a federal judge to prevent the merger so that the agency can proceed with an administrative trial in May. A hearing is set for Monday in U.S. District Court.

"The FTC's actions to stop this transaction are based on a flawed analysis of the marketplace and a deep misunderstanding of the competitive landscape," the CEOs of Staples and Office Depot, Ron Sargent and Roland Smith, say in the joint letter.

They later conclude: "The FTC is simply wrong. The combination of Staples and Office Depot is good for customers."

The two retailers accuse the FTC of ignoring the rise of Amazon in the big business service part of the office supplies industry, where Staples is still enjoying growing sales and focuses on Fortune 100 firms. (Retail sales in North America have been shrinking for years, and Staples has closed hundreds of stores.)

"The government is concerned with protecting the 100 largest companies in the United States," Staples and Office Depot wrote, seemingly mocking the FTC's priorities. The companies restated their intention to lower prices thanks to lower costs consolidation would bring them.

Staples and Office Depot said the FTC is focusing too narrowly on office supplies while ignoring items like cleaning supplies and office furniture.

The FTC did not immediately respond to a request for comment, but has previously argued that the combined company would create an overly dominant player, cornering some 70 percent of the corporate services market.

Staples has agreed to sell off its about $550 million of its wholesale business to Essendant -- conditional on its Office Depot merger going through -- in a move to sway the FTC. But so far the promised divestiture hasn't had the desired impact.

"This has been a long and frustrating road, but we look forward to a fair and impartial hearing," the companies said.

Phil Wahba joined Reuters in 2008 and has covered the exchanges, equity capital markets (IPOs), corporate bankruptcies and now covers retailers such as department stores and booksellers

Want to be an Entrepreneur Leadership Network contributor? Apply now to join.

Editor's Pick

Starting a Business

Clinton Sparks Podcast: How T.I. Achieved Massive Entrepreneurship Success in Music and Life

This podcast is a fun, entertaining and informative show that will teach you how to succeed and achieve your goals with practical advice and actionable steps given through compelling stories and conversations with Clinton and his guests.

Green Entrepreneur®

A Deer Invasion in Hawaii Has Turned Into an Environmental Crisis—And a Sustainable Business Opportunity

How Maui Nui Venison built a for-profit harvesting business that protects the land and helps the local community.

Business News

'They're Scared': PNC Arena Bans New York Residents From Purchasing Tickets Ahead of Rangers, Hurricanes NHL Playoff Matchup

The two teams will face off in Game 1 of the second round of the Eastern Conference fight for the Stanley Cup.

Business News

Spotify Removes a Key Feature From Its Free Music Listening Tier

The change is unofficial, so far, but social media users on Reddit and X have noticed a cap on using the lyrics feature.

Growing a Business

'Marketing Happy Hour' Podcast Hosts Share the Best Way to Connect With Consumers: 'Think of Social Media Like a First Date'

Brand marketing experts and hosts of the Marketing Happy Hour podcast share tips on how to launch, grow, and make the most out of your small business's online presence.