Fed. Trade Comm’n v. Whole Foods Mkt., Inc.
Fed. Trade Comm’n v. Whole Foods Mkt., Inc., 07-5276
Denial of the FTC’s request for a preliminary injunction against the merger of the Whole Foods and Wild Oats supermarket chains is reversed and remanded where: 1) the case was not moot despite the merger’s having already occurred; 2) the district court did not abuse its discretion by considering the market definition proposed by the FTC, in which Whole Foods and Wild Oats compete in the “premium, natural, and organic supermarkets” (PNOS) market, not against all supermarkets; 3) the FTC met the threshold requirements for obtaining a preliminary injunction by demonstrating a likelihood of success on its claim that the two supermarkets did compete in the PNOS market; and 4) the district court was best positioned to balance the FTC’s showing against the equities weighing against an injunction.
- Argued 04/23/2008
- Decided 07/29/2008
- Published 07/29/2008
- United States DC Circuit