This section contains the nature of the case and procedural background.

The Federal Trade Commission (P) and its co-plaintiffs, the. Commonwealth of Pennsylvania and the District of Columbia commenced this action in an effort to block Staples (Ds) proposed merger and alleged that the merger would 'eliminate direct competition between Staples and Office Depot' resulting in 'significant harm' to large businesses that purchase office supplies for their own use. P's Commissioners found reason to believe that the proposed merger would substantially reduce competition in violation of Section 7 of the Clayton Act and Section 5 of the FTC Act. At the conclusion of Ps' case, Ds chose not to present any fact or expert witnesses, arguing that Ps failed to establish their prima facie case. Ds indicated that they will not proceed with the merger if Ps' motion is granted.

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