Latest WF Merger Ruling Sends Clear Message

Law360, New York (July 31, 2008, 12:00 AM EDT) -- In a two to one decision, the United States Court of Appeals for the District of Columbia has given the U.S. Federal Trade Commission a major victory for its merger enforcement jurisdiction.

The Court of Appeals held that the district court had abused its discretion in ruling against the FTC's effort to enjoin the merger of Whole Foods Market Inc. ("Whole Foods") and Wild Oats Markets Inc. ("Wild Oats").

In so doing, the D.C. Circuit not only created the very real possibility that Whole Foods may...
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