Guess What? Whole Foods Does Compete Against Traditional Supermarkets and WalMart

Posted by D. Daniel Sokol

Judge Paul Friedman has ruled in the Whole Foods/Wild Oats case and has denied the FTC's preliminary injunction motion to block the merger.  Alas, the order is under seal so we cannot gleam particular insights on market definition questions yet.

 

Here at Antitrust and Competition Policy Law Prof Blog, we salute the winning team and in particular: Paul Denis of Dechert, Jim Fishkin of Dechert, and David Scheffman of LECG.  Well done!  I am sure that discussion of this case will make for an interesting panel at the ABA Antitrust Section Spring Meeting next year.  I suspect that John Mackey is happily blogging about this victory and blogging under his own name. 

August 17 Update:  The FTC has appealed the ruling.  The saga continues...