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Whole Foods Ruling: A Template for Mergers

Law360 (September 7, 2007, 12:00 AM EDT) -- On August 21, 2007, the District Court for the District of Columbia released its decision denying the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction to halt the merger of Whole Foods Market (“Whole Foods”) and Wild Oats Markets, Inc. (“Wild Oats”).

The Whole Foods decision stands in contrast to the FTC’s success ten years ago when it prevented the merger between Staples and Office Depot. (Federal Trade Commission v. Staples, Inc., 970 F. Supp. 1066 (D.D.C. 1997).)

As is often the case, the relevant...
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