US: FTC’s Case against Staples-Office Depot merger nears end

A federal judge Tuesday heard closing arguments in the government’s antitrust challenge to the planned merger of office supply rivals Staples and Office Depot, offering comments that could give hope—and worry—to both sides, reports the Wall Street Journal.

The Federal Trade Commission, which sued in December to challenge the merger, has struggled at times during more than two weeks of court proceedings. But on Tuesday the agency appeared to have a better day, at least on some issues.

US District Judge Emmet G. Sullivan, who must decide whether to issue a preliminary injunction blocking the Staples-Office Depot deal, noted that the legal standards governing the case gave him a somewhat limited role, a fact that could benefit the FTC.

Judge Sullivan said his duty in deciding on the injunction was only to decide whether the FTC had established the building blocks of its case, not to conclude with finality whether the proposed merger would violate antitrust laws. He pointed to the FTC’s plans to hold a separate, full-blown trial on the merger beginning next month.

Full Content: The Wall Street Journal

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