Wiggin and Dana Partner Quoted in Bloomberg Law Antitrust & Trade Regulation Report

March 6, 2017

Wiggin and Dana Antitrust and Consumer Protection Partner Robert Langer was quoted in the article, "Staples Doesn't Owe States Attorneys Fees on Blocked Merger."

The article discusses the FTC v. Staples, Inc. decision that ruled that Pennsylvania and Washington, D.C. can't require Staples Inc. to reimburse $176,000 in counsel fees after the two states joined the Federal Trade Commission in suing to block the $6.3 billion merger of Staples Inc. with Office Depot Inc.

Mr. Langer is quoted in the article saying the decision "is quite unlikely to deter states or D.C. from joining the FTC (or DOJ) in investigating and challenging mergers going forward."

He continued saying that recovering fees is not the driving force behind a state's decision to join the FTC in merger cases.

"State attorneys general undertake sovereign enforcement for the public good and in the public interest," he said. The benefits to states of investigating and suing with the FTC, rather than under their own antitrust and consumer protection statutes, "almost always will outweigh the risks of not recovering the costs of the action."

To read the full article, click the PDF link below.