Whole Food Files Response to FTC Motion

By Alicia Wallace, Daily Camera, Boulder, Colo.

Aug. 23–Whole Foods Market Inc. filed its response to the Federal Trade Commission’s motion for an injunction blocking the acquisition of Boulder-based Wild Oats pending the government’s appeal, said Kate Lowery, a Whole Foods spokeswoman.

The file was sealed to give the parties time to black out trade secrets in the public version. The filing was expected during the latest phase of the FTC’s bid to block Whole Foods’ $565 million acquisition of its smaller rival. Any reply by the FTC is due midday today.

Last week, a federal judge ruled against the FTC’s claims that a combination of Whole Foods and Wild Oats would stifle competition. That ruling subsequently was appealed by the FTC. Earlier this week, a three-judge appellate panel ordered that the acquisition be put on hold so the court could have more time to review the FTC’s motion.

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