F.T.C. v. WHOLE FOODS MARKET, INC.

No. 07-5276.

533 F.3d 869 (2008)

FEDERAL TRADE COMMISSION, Appellant v. WHOLE FOODS MARKET, INC., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 29, 2008.


Attorney(s) appearing for the Case

Marilyn E. Kerst, Attorney, Federal Trade Commission, argued the cause for appellant. With her on the briefs were John F. Daly, Deputy General Counsel, and Richard B. Dagen and Thomas H. Brock, Attorneys.

Paul T. Denis argued the cause for appellees. With him on the brief were Paul H. Friedman, Nory Miller and Rebecca Dick. Clifford H. Aronson and Alden L. Atkins entered appearances.

David A. Balto was on the brief for amici curiae American Antitrust Institute, et al. in support of appellant.

Albert A. Foer was on the brief for amicus curiae American Antitrust Institute in support of appellant.

Dissenting opinion filed by Circuit Judge KAVANAUGH.


BROWN, Circuit Judge:

The FTC sought a preliminary injunction, under 15 U.S.C. § 53(b), to block the merger of Whole Foods and Wild Oats. It appeals the district court's denial of the injunction, which we reverse. We do so reluctantly, admiring the thoughtful opinion the district court produced under trying circumstances in which the defendants were rushing to a financing deadline and the FTC presented, at best, poorly...

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