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08/06/08
The Antitrust and Trade Regulation Practice Group has prepared a Client Advisory titled, “Court of Appeals Upholds FTC Challenge of Whole Foods/Wild Oats Merger.”
A divided panel of the D.C. Circuit Court of Appeals recently handed the Federal Trade Commission a major victory in its challenge of the merger of Whole Foods and Wild Oats. Holding that the U.S. District Court for the District of Columbia erred when it refused to enter a preliminary injunction against the merger, the Court remanded the case for reconsideration of the evidence the Commission had presented and for an assessment of the pros and cons of upsetting the merger almost a year after the parties closed the deal. The Court held that the District Court judge had erred in finding that Whole Foods and Wild Oats competed in the same market as conventional supermarkets.
This Client Advisory outlines the Court’s decision and discusses the potential outcome of the decision as well as remedies available to the FTC beyond stopping the deal.
Download PDF File (104.22 K)
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Bios of Involved Attorneys:
William C. MacLeod, Partner |
W. Joseph Price, Associate
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