Section 7 prohibits acquisitions, including mergers, where in any line of commerce or in any activity affecting commerce in any section of the country, "the effect of such acquisition may be substantially to lessen competition, or tend to create a monopoly.
The district court cited the Court of Appeals opinion in Whole Foods eighteen times in its decision to grant a preliminary injunction of the merger. Of the 32 stores, twelve are currently operating.
Cooper 213 617-5457 HCooper sheppardmullin. Indeed, the FTC's bureau of economics staged a conference in Washington last month at which methodologies were described that seemed to favor the deal. Load More. On November 21, 2008, the three-judge panel issued an amended opinion in which each of the three judges takes a different stance.
Intelligent Investing is a contributor page dedicated to the insights and ideas of Forbes Investor Team. The Federal Trade Commission sued to block the deal, claiming that it would represent an anti-competitive merger of the two biggest competitors in a highly concentrated business.
Chairman Leibowitz further commented that the settlement "allows the FTC to shift resources to other important matters and Whole Foods to move on with its business. In 2007 organic food retailer Wild Oats agreed to be acquired by the larger Whole Foods chain.
Viewpoints brought to you by. Divestiture Order. Complaint Counsel's Second Status Report 123. Complaint Counsel's Status Report - Public 1.
When the Court of Appeals released its amended decision, some commentators suggested the FTC might interpret it as supporting a presumption in favor of granting a preliminary injunction to block a merger even when the FTC is unable to fully demonstrate a likelihood of success on the merits.
Journalists who dug deeper than the press release found another likely motivation behind the proposed new format—increased competitive pressure. Request 155.
Order To Maintain Assets 179. Even in 2008, when the FTC was still trying to block the Wild Oats acquisition, the New York Times reported that Safeway and Kroger had greatly expanded their store-brand natural and organic offerings and that they were often underpricing Whole Foods. CCC Holdings, Inc.