Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Tuesday, July 29, 2008

DC Circuit Reverses on Whole Foods

Posted by D. Daniel Sokol

I am revising an article and have not had time to read the decision but here it is.

Update: Randy Picker has comments on the decision here.

http://lawprofessors.typepad.com/antitrustprof_blog/2008/07/dc-circuit-reve.html

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Comments

There is some strong language in this decision. The court is unafraid of the remedy issues, which -- on a reversal of a denial of a preliminary injunction, in a case where the transaction was consummated many months ago -- seems to me to be the elephant in the corner. Too, the reaffirmation of the D.C. Circuit's uniquely broad 53(b) injunction standard is certain to boost the FTC's confidence in future merger challenges. And the court's rejection of the defendants' critical loss analysis will haunt defendants if this ever is litigated on the merits.

Posted by: Max | Jul 29, 2008 11:32:17 AM

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