Meet the New ‘Boss’: Competitive Effects Analyses in Staples/Office Depot

Mon Oct 03 15:36:35 EDT 2016
Dr. Chetan Sanghvi and Matthew Reilly

NERA Managing Director Dr. Chetan Sanghvi and Matthew Reilly, a partner at Kirkland and Ellis LLP, co-authored the article, “Meet the New ‘Boss’: Competitive Effects Analyses in Staples/Office Depot” which was published in the fall 2016 issue of Antitrust Magazine. The article discusses the competitive effects analyses used in the Federal Trade Commission (FTC) prosecution of the proposed 2015 merger between Staples and Office Depot. The article digs into a fundamental question: By relying on data derived from bids submitted through the RFP process, did the FTC fail to recognize key changes in the marketplace, including the companies’ strategy to increase Beyond Office Supply Sales (BOSS) and greater competition from online and non-traditional big box sellers of office supply consumables?