Judge Emmet Sullivan issued a three-page order that granted the Federal Trade Commission’s request for a preliminary injunction. In the order, Sullivan said he plans to publish a sealed opinion, elaborating on his decision, for the parties on Wednesday.
“After considering the extensive record and the parties’ legal arguments, the court finds that plaintiffs have met their burden of showing that there is a reasonable probability that the proposed merger will substantially impair competition in the sale and distribution of consumable office supplies to large Business-to-Business customers,” Sullivan wrote in the order. “Plaintiffs have also carried their burden of showing that a preliminary injunction of defendants’ proposed merger is in the public interest and that the equities weigh in favor of injunctive relief.”
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