FTC Might Not Pursue Administrative Case vs. Whole Foods: Reuters

WASHINGTON -- Based on past cases involving the U.S. Federal Trade Commission, the U.S. administrative proceeding looking into the merger of Wild Oats and Whole Foods Markets Inc. may not continue following a loss in district court, according to a Reuters report.

The report cited comments made yesterday by FTC chairman Deborah Majoras. Asked about the case at a U.S. House of Representatives Judiciary Committee hearing, Majoras said the agency's administrative process against Whole Foods had not been stopped, but she added, "It's been a very rare case when we've (pursued administrative action) when we've lost in district court."

The FTC had aggressively tried to prevent Whole Foods from taking over Wild Oats, arguing that it would be an anticompetitive move that would negatively impact prices for consumers.

Last month, the agency failed to win a temporary injunction in federal court to stop the merger while the agency's administrative examination of the deal took place. A federal appeals court upheld the decision on Aug. 23.
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