Warren asks FTC to contemplate blocking Dick’s-Foot Locker merger

Sen. Elizabeth Warren is looking on the FTC and DOJ to contemplate blocking Dick’s Sporting Items’ proposed acquisition of Foot Locker, writing in a letter to the businesses that the merger might lower jobs, elevate costs and cut back competitors. 

The missive, despatched Tuesday night, asks the businesses to “carefully scrutinize” the $2.4 billion merger and “block the deal” in the event that they decide it violates antitrust legal guidelines. Warren, D-Mass., argues within the letter, which was seen by CNBC, that the tie-up might create a duopoly in sneakers and different athletic footwear between the mixed corporations and its subsequent largest competitor, JD Sports activities. 

“That is notably regarding on condition that greater than half of fogeys ‘plan to sacrifice requirements, corresponding to groceries,’ due to rising costs for back-to-school procuring,” Warren wrote, citing a July survey from Credit score Karma. “Greater costs on athletic footwear might result in additional financial hardship for folks.” 

Warren stated the dangers of the merger are compounded by the quickly consolidating athletic shoe retailer sector. Britain’s JD Sports activities has set its eyes on the U.S. as its largest progress market and, since 2018, has been on a shopping for spree, snapping up smaller opponents like End Line, Shoe Palace, DTLR and Hibbett.

If Dick’s Sporting Items’ acquisition of Foot Locker is permitted, two corporations – JD Sports activities and the mixed entity – would personal 5,000 athletic shoe shops within the U.S., which might squeeze smaller companies, Warren stated. 

“Dick’s and Foot Locker at the moment compete with one another and with unbiased retailers to safe offers with suppliers. The brand new big would have considerably elevated energy to extract favorable situations with producers,” she wrote. “This might imply that unbiased retailers are at a drawback in relation to negotiating with suppliers, which might give Dick’s and Foot Locker an incentive to interact in anticompetitive conduct to limit suppliers from coping with unbiased retailers.” 

Beneath President Joe Biden, the Federal Commerce Fee took an aggressive strategy to mergers and quashed numerous high-profile deliberate tie-ups, together with Tapestry’s proposed acquisition of Capri and Kroger’s bid to accumulate Albertson’s. When President Donald Trump took workplace in January, many on Wall Road anticipated that his administration would make it simpler for bigger mergers to be permitted. 

To this point, his administration has permitted a minimum of one deal beforehand blocked by Biden – Nippon Metal’s acquisition of U.S. Metal – but it surely’s unclear how new management on the FTC and Division of Justice will view mergers within the retail trade, which could be felt extra acutely by customers. 

Amanda Lewis, who spent near a decade scrutinizing mergers on the FTC and is now a associate at Cuneo Gilbert and LaDuca, beforehand informed CNBC the merger is unlikely to lift many considerations as a result of mixed, Dick’s and Foot Locker would symbolize round 15% of the sporting items market. 

“Often under 30% would not elevate too many company crimson flags,” stated Lewis. 

Lewis stated she expects the merger to be permitted and at most, Dick’s could possibly be required to divest a few of its shops to opponents to protect competitors in native markets. The variety of shops it might probably have to divest could possibly be decrease and maybe extra palatable beneath Trump’s FTC than Biden’s, stated Lewis.

The FTC declined remark. The DOJ did not return a request for remark.