Report: Whole Foods, FTC fight continues

AUSTIN, Texas According to reports, Whole Foods has asked the entire U.S. Court of Appeals to overturn a three-part decision issued by the court last month, claiming that the decision conflicts with earlier precedents set by the circuit.

Last month, the U.S. Court of Appeals for the District of Columbia reportedly said that U.S. District Judge Paul Friedman wrongfully turned down the FTC's request for an injunction to block the deal, saying he "underestimated the FTC's likelihood of success on the merits."

Whole Foods argued that the appeals court's opinion disregards the potential economic benefit of its merger with Wild Oats.