FORTUNE -- Office Depot (ODP) reportedly is in talks to merge with Office Max (OMX), in a consolidation play aimed at challenging Staples (SPLS) for office supply supremacy. But this isn't the first time that Office Depot has tried to lose its independence.
Back in September 1996, Office Depot agreed to be acquired by Staples in a $3.36 billion deal. The announcement was seen in some quarters as a death knell for number three player Office Max -- whose shares slumped immediately on the news -- while others felt that it would be able to compete more effectively as the largest remaining alternative.
Consumer advocates immediately pounced, arguing that fewer office superstores would lead to increased prices for everything from pencils to desk chairs. For example, Ralph Nader's Public Citizen group found that a box of fax paper cost $7 less in markets where Staples and Office Depot competed with each other, compared to markets with just a single office superstore.
The Federal Trade Commission seemed persuaded by the naysayers. It issued a preliminary injunction against the merger in March 1997, after which Staples and Office Depot tried salvaging the deal by agreeing to sell 63 stores to Office Max in markets that didn't already have a rival office supply superstore. But it was for naught, with the SEC suing to kill the deal several weeks later.
In explaining its decision to sue, an FTC director said:
"The proposed settlement doesn't resolve the competitive problem that would lead to these higher prices. The proposal to sell stores to Office Max doesn't address cities where three superstores compete today but only two firms will remain after the merger. Our data shows that in markets where three superstores compete, prices are significantly lower than in two chain markets. The proposed settlement also eliminates the possibility of increased competition in cities where Staples and Office Depot had planned to expand. And finally, the proposal would permanently eliminate Office Depot, the superstore that currently offers the lowest price."
A federal judge would later agree with the FTC, in a decision that some still blame for the office superstore industry's current travails. For example, here is what Staples founder and former CEO Tom Stemberg said during an August interview with Fortune:
"I think three companies ought to be two. And obviously I put my money where my mouth was way back when but it failed. I think the FTC was wrong, and I think the FTC knows it was wrong and that a merger would be an effective and productive in providing value to the American consumer."
So it seems we're finally getting to that dichotomy, albeit not in the way that Stemberg had originally envisioned. Nonetheless, the markets seem to agree with Stemberg's larger point: Shares of all three office superstores are up sharply today.
Also worth wondering if the merger will have any impact on private equity firms that continue to quietly circle Staples. It's possible that the Office Depot-Office Max merger could put it a bit out of their price range, particularly when combined with a recent report that Staples will be allowed to sell Apple (AAPL) products in its U.S. stores. At the very least, it will clarify the sector's future players.
Sign up for Dan's daily email newsletter on deals and deal-makers: GetTermSheet.com
The Delafield Fund thinks office-supply giant Staples can fend off a challenge from Amazon.
By Ryan Derousseau
FORTUNE -- Dennis Delafield and Vincent Sellecchia have run the Delafield Fund (DEFIX), which oversees $1.4 billion, since its launch in 1993. They seek turnarounds: undervalued companies with copious cash flow that are grappling with change (an acquisition, a troubled industry, or management) and that they think can rebound in a few years. Their MOREFeb 13, 2013 5:00 AM ET
Trying to turn Staples from a positive into a negative.
FORTUNE -- This morning's political sideshow revolves about The Boston Globe getting a judge to unseal Mitt Romney's June 1991 testimony in the divorce proceedings of Staples founder Tom Stemberg. And like yesterday's political sideshow -- thanks Mr. Trump -- this one is unlikely to amount to much.
To be sure, Stemberg's divorce was ugly. Soap opera ugly.
But Romney's testimony doesn't have MOREDan Primack - Oct 25, 2012 12:05 PM ET
Private equity is interested, but it won't be easy.
FORTUNE -- Several private equity firms are considering a buyout offer for Staples Inc. (SPLS), Fortune has learned. Among them is Bain Capital, which famously helped launch the office superstore 26 years ago.
Discussions have been preliminary thus far, with sources saying the earliest an actual offer could come would be late this year. Not only because it would take several months to MOREDan Primack - Sep 13, 2012 3:39 PM ET
Mitt Romney likes to talk about how he helped grow Staples into America's largest office supply company. Now its founder wants to tell his story.
FORTUNE -- The Republican National Convention tomorrow night will hear a primetime address from Tom Stemberg, the Staples Inc. (SPLS) founder who credits Mitt Romney with helping to grow the office superstore. He now works as a venture capitalist, investing in consumer goods and retail companies.
I sat MOREDan Primack - Aug 29, 2012 12:50 PM ET
|Google files First Amendment court case against NSA surveillance secrecy|
|Chrysler relents, agrees to recall 2.7 million Jeeps|
|Perils of moving to a no-tax state|
|Stocks rally as Fed looms large|
|Why Apple's new MacBook Air is the ultimate road warrior's notebook|