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Today on the WLF Legal Pulse

Déjà Vu All Over Again: Federal Court Blocks Staples/Office Depot Merger

By Andrea Agathoklis Murino, Goodwin Proctor LLP

Staples, Inc. (SPLS) and Office Depot, Inc. (ODP) would be forgiven for thinking of the late Yogi Berra and wondering if this was what he meant by déjà vu all over again.  In 1997, following an investigation by the Federal Trade Commission (FTC), the US District Court for the District of Columbia blocked their proposed tie-up.  And now, in 2016, after more than a year-long battle with the FTC, the same court’s Judge Emmet G. Sullivan blocked SPLS’s proposed acquisition of ODP.  Judge Sullivan announced the outcome on May 10, but issued his opinion only to the parties; the public needed to wait until May 17 to see his quite detailed 75-page explanation.  In sum, Judge Sullivan found that the FTC had met its burden under § 7 of the Clayton Act and showed a reasonable probability that the proposed merger would substantially lessen competition in the sale and distribution of consumable office supplies to large Business-to-Business customers. With that finding in hand, the court concluded that the FTC had carried its burden of showing that a preliminary injunction preventing the proposed merger was in the public interest and that the equities weighed in favor of injunctive relief. Shortly after Judge Sullivan announced his decision, SPLS and ODP abandoned the transaction. Continue reading

 

In re: Proposed FCC Rule on Protecting Privacy
On May 27, 2016, WLF filed formal comments with the FCC, urging it to withdraw its recently proposed privacy rule that would effectively ban Internet Service Providers (ISP) from using commercial data for most marketing purposes. WLF’s comments...
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Rains v. Stayton Builders Mart, Inc.
On May 26, 2016, the Oregon Supreme Court rejected a constitutional challenge to a state statute limiting a plaintiff to no more than $500,000 in noneconomic damages. The decision marked a victory for WLF, whose brief urged that the statute capping...
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In re: Proposed Labeling Changes for Approved Drugs
On May 18, 2016, FDA announced that it has postponed (until at least April 2017) its controversial proposed rule that would permit generic drug companies to unilaterally change their product labeling. FDA’s decision to postpone final action on the...
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Deere & Co. v. State of New Hampshire
On May 19, 2016, WLF asked the U.S. Supreme Court to review (and ultimately overturn) a decision by the New Hampshire Supreme Court that allows the New Hampshire legislature to retroactively extend the reach of the State’s automobile-dealer law to...
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United Student Aid Funds, Inc. v. Bible
On May 16, 2016, the U.S. Supreme Court declined to review a case asking the Court to reconsider its own precedent that requires federal courts to defer to an administrative agency’s interpretation of its own regulations. The decision was a setback...
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Data Privacy and Security: A Practical Guide for In-House Counsel
By David Zetoony, a Partner in the Denver, CO office of Bryan Cave LLP. Foreword by Michael Kaplan, Senior Vice President, Chief Legal Officer, and Chief Compliance Officer, Red Robin Gourmet Burgers, Inc. in Denver, CO.
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Fourth Circuit Misconstrues North Carolina’s Statute of Repose—and State’s High Court Cannot Help
By Adam H. Charnes, a Partner in the Winston-Salem, NC and Dallas, TX offices of Kilpatrick Townsend & Stockton LLP, and Chris W. Haaf, an Associate in the Winston-Salem office.
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Latest Communication
 
View All » Media Briefing
May 02, 2016 | 1:00 p.m. - 2:00 p.m.
Freeing Off-Label Use Information: Three Lingering Questions For Medical-Product Innovators & Regulators
Eric Grannon (Moderator), Partner, White & Case LLP
Edward B. Berg, Vice President & Associate General Counsel, Sanofi US
Coleen Klasmeier, Partner, Sidley Austin LLP
John E. Osborn, Senior Advisor, Hogan Lovells LLP
 
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