On August 24, the day after it dissolved an adminstrative injunction, the D.C. Circuit issued a scheduling order that "deferred" the "briefing in this case . . . pending further order of the Court."  Federal Trade Comm’n v. Whole Foods Market, Inc., No. 07-5276 (D.C. Cir. Aug. 24, 2007). 

Blawgletter doesn’t know the reason for the deferral or what it portends.  But we do note that yesterday Whole Foods announced that it closed its acquisition of Wild Oats.  Count us doubtful that the FTC can now persuade the court to unscramble this organic omelette.

Barry Barnett

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