Staples CEO Ron Sargent said the judge approved the FTC's request "despite the fact that it failed to define the relevant market correctly, and fell woefully short of proving its case." Staples said under the terms of the merger agreement, it will pay a $250 million break-up fee to Office Depot. It also says it no longer will sell more than $550 million in its large corporate contract business to another office products company, Essendant, as part of the Office Depot merger agreement. Staples and Office Depot had previously said they would drop their merger if a judge ruled against them. Tuesday's ruling said the judge plans to detail the legal rationale for his decision in a sealed memorandum that will be given to Staples and Office Depot attorneys on Wednesday. Emmet wrote that he agreed to seal the document initially because it contains "competitively sensitive information" involving Staples, Office Depot and third parties.