• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave

2

MacKenzie Scott, Melinda French Gates, and Lauren Sánchez Bezos are rewriting the rules of billionaire giving—one quietly, one strategically, one very publicly

3

After donating $48 billion to the Gates Foundation, Warren Buffett is quietly ending one of the biggest philanthropic relationships in history

1

26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave

2

MacKenzie Scott, Melinda French Gates, and Lauren Sánchez Bezos are rewriting the rules of billionaire giving—one quietly, one strategically, one very publicly

3

After donating $48 billion to the Gates Foundation, Warren Buffett is quietly ending one of the biggest philanthropic relationships in history
FinanceStaples

Did Staples Get Screwed?

By
Dan Primack
Dan Primack
Down Arrow Button Icon
By
Dan Primack
Dan Primack
Down Arrow Button Icon
May 13, 2016, 1:51 PM ET
Add Fortune on Google for similar content.

It’s been three days since a federal judge effectively killed the proposed merger between office supplies retailers Staples (SPLS) and Office Depot (ODP), siding with regulators who felt the deal violated antitrust laws. And I still can’t shake the feeling that Staples got screwed.

Before continuing, let me admit to some biases. First, Staples global headquarters is just a five-minute drive from my home, which means that I’m personal friends with some company employees, and its overall success (or failure) will have some impact on my property value. Second, I’ve been harshly critical of how Staples has handled itself since announcing the merger, whether it be needlessly antagonizing President Obama, being cagey about divestitures or refusing to acknowledge a massive round of layoffs, as you can read here:

  • Staples Stumbles in Fight With Obama
  • Staples-Office Depot Merger: This Isn’t Easy
  • Staples Lays Off Hundreds of Employees

It’s basically been like watching someone you care about make a series of inexplicably bad decisions.

But through it all, I still felt that Staples should be allowed to purchase Office Depot. The two companies previously tried to merge in 1996, but were blocked by the Federal Trade Commission due to concerns about what the merger would mean for consumers. While Staples executives at the time felt the decision was unjust, the reality was that there weren’t many alternatives at the time for people who wanted office supplies. Only 20 million Americans had Internet access at the time (via dial-up), and even the nascent e-commerce players had difficulties convincing anyone to part with their credit card information. In terms of physical big box retailers, Wal-Mart (WMT) had 36% fewer stores than it has today; Target (TGT) had 56% fewer locations.

Today, however, it’s a very different retail marketplace for office supplies. Both online—think Amazon (AMZN)—and off, including the growth of certain regional suppliers.

So the FTC this time didn’t focus on Joe Consumer. Instead, it argued that the Staples-Office Depot merger would unfairly harm big businesses by eliminating competition for large office “consumables” accounts. Or, more specifically, large standing orders for things like pens and paper (albeit not for office furniture, computers or other electronic devices) ― with the FTC arguing that the vast majority of Fortune 100 companies relied on either Staples or Office Depot for such items.

So late last year Staples and Office Depot told the FTC that they’d sell off $1.25 billion of commercial contracts. Regulators not only didn’t accept the proposal, but they didn’t even put forth a counteroffer. And when Staples later pushed forward anyway by agreeing to sell a smaller chunk of corporate contracts to a Illinois vendor Essendant for $550 million (25% of which was from Fortune 100 companies), the FTC said the move “would not fix anything.” In short, no olive branch was long enough.

All of which led us to the recent court hearings, where Staples felt its case was so strong ― and the judge’s questioning so critical of the FTC ―that it didn’t even mount a defense.

Yet the judge ruled in favor of the FTC, prompting Staples to terminate its agreement and pay Office Depot a $250 million breakup fee (which represents around 30% of the cash on Staples’s balance sheet).

The trouble, however, is that we still don’t know the judge’s reasoning, as his formal opinion won’t be released until next week.

Was there something vital to the FTC’s case that outsiders like me overlooked? Did the judge properly understand the value of B2B consumables to the Staples-Office Depot business (particularly post-divestitures), or the relative lack thereof? Did the legal strategy backfire, by making it look like Staples was trying to shield its CEO from being asked tough questions under oath?

[playbuzz-item url=”//www.playbuzz.com/fortune/was-the-ftc-right-to-block-the-staples-office-depot-merger”]

As of right now, I think the court erred. But none of us will really know for sure until we see its explanation.

About the Author
By Dan Primack
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Finance

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Finance

ibm
Big TechIBM
‘We did not adapt and move quickly enough’: IBM CEO’s admission of weakness fails to prevent historic 25% stock crash
By Tatiana SatauaJuly 15, 2026
3 hours ago
usa
AIearnings
Why IBM just suffered its worst stock crash of all time—and what it says about the market’s two bubbles
By Nick LichtenbergJuly 15, 2026
4 hours ago
mike
Politicsnational debt
GOP’s $95 billion war-and-voting bill adds no offsets to $2 trillion deficit
By Kevin Freking, Lisa Mascaro and The Associated PressJuly 15, 2026
4 hours ago
warren
North Americaphilanthropy
Warren Buffett on Bill Gates’ ‘distasteful’ friendship with Jeffrey Epstein: ‘No one bats a thousand in the business of choosing people’
By Josh Funk and The Associated PressJuly 15, 2026
5 hours ago
It’s now cheaper to buy a new home than a used one, thanks to builder incentives and baby boomers who don’t want to sell on the low
Real Estatehomebuying
It’s now cheaper to buy a new home than a used one, thanks to builder incentives and baby boomers who don’t want to sell on the low
By Catherina GioinoJuly 15, 2026
7 hours ago
nyc
North AmericaEconomics
Mamdani’s $50 World Cup jersey stunt proves some of the oldest criticisms of socialism correct: ‘The odds are extremely stacked against you’
By Nick LichtenbergJuly 15, 2026
7 hours ago

Most Popular

26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave
Law
26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave
By Barbara Ortutay, Alexandra Olson and The Associated PressJuly 15, 2026
11 hours ago
MacKenzie Scott, Melinda French Gates, and Lauren Sánchez Bezos are rewriting the rules of billionaire giving—one quietly, one strategically, one very publicly
Newsletters
MacKenzie Scott, Melinda French Gates, and Lauren Sánchez Bezos are rewriting the rules of billionaire giving—one quietly, one strategically, one very publicly
By Sydney LakeJuly 14, 2026
1 day ago
After donating $48 billion to the Gates Foundation, Warren Buffett is quietly ending one of the biggest philanthropic relationships in history
North America
After donating $48 billion to the Gates Foundation, Warren Buffett is quietly ending one of the biggest philanthropic relationships in history
By Marco Quiroz-GutierrezJuly 14, 2026
1 day ago
Jamie Dimon understands why people are anti-rich: 'We have, in fact, left the lower-income folks behind' and 'that's kind of annoying'
Economy
Jamie Dimon understands why people are anti-rich: 'We have, in fact, left the lower-income folks behind' and 'that's kind of annoying'
By Eleanor PringleJuly 15, 2026
13 hours ago
He sold his last company to Palantir. Now he's betting $32 million that robots can fix construction's labor crisis
Innovation
He sold his last company to Palantir. Now he's betting $32 million that robots can fix construction's labor crisis
By Lily Mae LazarusJuly 15, 2026
12 hours ago
Current price of oil as of July 15, 2026
Personal Finance
Current price of oil as of July 15, 2026
By Joseph HostetlerJuly 15, 2026
13 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.