FTC appeals Whole Foods decision

WASHINGTON The Federal Trade Commission is appealing the decision by a U.S. judge allowing for the merger of Whole Foods Market and Wild Oats. The FTC did not receive a stay of Judge Paul Friedman's decision pending an appeal. The FTC, however, issued a similar request to the Washington appellate court.

“We respect the Court’s decision, which we currently are reviewing. We brought this challenge because the evidence before us showed that the merger would most likely result in higher prices and reduced choices for consumers who shop at premium natural and organic supermarkets,” said Federal Trade Commission competition director Jeffrey Schmidt.

On June 5, the FTC authorized its staff to seek a federal district court order to prevent Whole Foods from acquiring Wild Oats. The FTC argued in court in Washington, on July 31 and Aug. 1 that the merger would violate federal antitrust laws by substantially reducing competition in the market for premium natural and organic supermarkets in several geographic areas throughout the United States.

Whole Foods Market and Wild Oats Markets have agreed with the FTC to not close the merger prior to 12 p.m., EST, on Monday, Aug. 20. Absent a stay pending appeal, the companies may close the transaction at any point after 12 p.m., EST, on Monday, Aug. 20.