D.C. Circuit Reverses District Court's Denial Of FTC's Petition To Preliminarily Enjoin Whole Foods' Acquisition Of Wild Oats

Mondaq Business BriefingUnited States Law Articles in English (2008)

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D.C. Circuit Reverses District Court's Denial Of FTC's Petition To Preliminarily Enjoin Whole Foods' Acquisition Of Wild Oats

On July 29, 2008, the United States Court of Appeals for the

District of Columbia Circuit ("Circuit Court")

reversed the district court's denial of the Federal Trade

Commission's ("FTC's or Commission's")

request for a preliminary injunction to block the merger of

Whole Foods Market, Inc. ("Whole Foods") and Wild

Oats Markets, Inc. ("Wild Oats"). The split decision

authored by Judge Brown could potentially have significant

implications for companies contemplating transactions that are

reviewed by the FTC. The decision suggests that the FTC may

face lower hu...

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