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DC Circuit Rules in FTC’s Favor on Whole Foods-Wild Oats Merger
August 4, 2008 Full PDF
A divided panel of the DC Circuit Court of Appeals this week overturned a district court decision that paved the way for Whole Foods Markets to acquire competitor Wild Oats Markets nearly one year ago. FTC v. Whole Foods Market, Inc., No. 07-5276 (D.C. Cir. July 29, 2008). The Court of Appeals ruled that the district court had erred in determining that the relevant product market consisted of all supermarkets, and had failed to account for evidence offered by the Federal Trade Commission ("FTC") to show that Whole Foods and Wild Oats were direct competitors in a market composed of "premium, natural, and organic supermarkets." On this basis, the Court of Appeals reversed the district court's order denying the FTC's request for a preliminary injunction.