Stay in FTC v. Wholefoods Denied
The D.C. Circuit last night denied the stay pending appeal, following the district court’s denial of the a preliminary injunction against the Whole Foods/Wild Oats merger. Here is the order. The FTC, according to the DC Circuit’s per curiam order, failed to show that the district court abused its discretion or made clearly erroneous findings of fact or errors of law. The district court had rejected the agency’s argument that there is a market for [products sold in] “premium natural and organic supermarkets.” This leaves John Mackey and Whole Foods free to scramble the eggs.
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