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FTC, Whole Foods battle rages on

10/25/2007

The Federal Trade Commission refuses to back down from its fight against Whole Foods Market. On Monday, the FTC filed a motion with the U.S. Court of Appeals for the District of Columbia Circuit, opposing Whole Foods motion to dismiss its case before the Appeals Court as moot.

In the motion, The FTC claimed that Whole Foods merger with Wild Oats could still be found to be in violation of antitrust laws. Adding that Whole Foods itself admitted that though the merger was consummated on paper, does not mean the combining of the two companies is finished.

The FTC is seeking a prompt briefing schedule in order to move the case forward quickly.

In August, the merger between Whole Foods and Wild Oats closed, and Whole Foods purchased 84.1% of Wild Oats' outstanding common stock in a cash tender offer of $18.50 per share.

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