Whole Foods Adds Equal Protection Claim In FTC Suit

Law360, New York (January 9, 2009, 12:00 AM EST) -- In an effort to keep a suit challenging the U.S. Federal Trade Commission's administrative procedure on mergers in district court, Whole Foods Market Inc. has added a claim alleging that the FTC's policy, on its face, violates the equal protection clause of the Fifth Amendment.

Whole Foods defended the additional claim in a memorandum opposing the FTC's motion to dismiss the suit for lack of jurisdiction lodged in the U.S. District Court for the District of Columbia on Thursday, the same day U.S. District Judge Paul...
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