A Potentially Dramatic Shift In Merger Enforcement

Law360, New York (November 24, 2008, 12:00 AM EST) -- Almost a year after the Whole Foods Wild Oats merger was consummated, the D.C. Court of Appeals reversed the district court’s denial of the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction seeking to block the merger. FTC v. Whole Foods Market Inc., 533 F.3d 869 (D.C. Cir. 2008).

The D.C. Circuit’s decision creates the possibility that more than a year after the merger was completed, Whole Foods may have to divest some or all of the assets it acquired. Aside from the difficulties this...
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