FTC Authority After Whole Foods

Law360, New York (March 9, 2009, 12:00 AM EDT) -- The Federal Trade Commission and Whole Foods Markets have now settled the FTC’s challenge to Whole Foods’ 2007 acquisition of Wild Oats Markets, which the agency alleged would lessen competition in the operation of “premium natural and organic supermarkets.”

Although not an unmitigated victory for the FTC, this lengthy dispute may have enhanced the agency’s enforcement powers in merger challenges.

In June 2007, the FTC filed an action in federal district court in Washington, D.C., and issued an administrative complaint, claiming the acquisition would violate the...
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