Whole Foods Ruling Yields Antitrust Risk Insight

Law360, New York (August 29, 2008, 12:00 AM EDT) -- This decision may result in an increase in the number of merger challenges, but companies considering mergers involving consumer products can take several practical steps to reduce their exposure to antitrust risk.

On July 29, 2008, in a stunning 2-to-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit reversed the U.S. District Court for the District of Columbia's decision denying the Federal Trade Commission's (FTC's) motion for preliminary injunction to halt the merger of Whole Foods Market and Wild Oats Markets Inc....
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