Whole Foods/Wild Oats: D.C. Circuit Reverses and Remands on Motion to Preliminarily Enjoin Already Consummated Merger
In a closely watched antitrust case, FTC v. Whole Foods Market, Inc. et al., No. 07-5276 (July 29, 2008), the U.S. Court of Appeals for the District of Columbia reversed and remanded the district court's denial of the Federal Trade Commission's motion to preliminarily enjoin the merger of grocery chains Whole Foods and Wild Oats. Coming almost a year after the merger was consummated, the D.C. Circuit’s decision reaffirms the power of the courts to remedy anticompetitive effects of mergers well after merging parties have closed a transaction. Additionally, the Court’s analysis may have significant effects on substantive antitrust law regarding relevant product market definition.