At Blawgletter’s house, we call the Whole Foods Market up the street "Wholey Foods" — which sounds like "holy foods". Sometimes we get their mash of avocados and other makings into guacamole. Delicious!
Yesterday, the D.C. Circuit cleared the way for Whole Foods to smuch rival Wild Oats into its organic foods empire. The court’s order says:
Upon consideration of the emergency motion of the Federal Trade Commission for an injunction pending appeal, the opposition thereto, the reply, the supplemental opposition, and the supplemental reply; and the motion for leave to file amicus brief, and the lodged amicus brief, it is
ORDERED that the motion for leave to file amicus brief be granted. The Clerk is directed to file the lodged document. It is
FURTHER ORDERED that the administrative injunction issued August 20, 2007 be dissolved and the motion for an injunction pending appeal be denied. Although the FTC has raised some questions about the district court’s decision, it has failed to make a “strong showing that it is likely to prevail on the merits of its appeal.” Washington Metro. Area Transit Comm’n v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C. Cir. 1977); see also FTC v. Weyerhaeuser Co., 648 F.2d 739, 741 (D.C. Cir. 1981). The FTC must show that the district court, in denying the preliminary injunction, abused its discretion by making clearly erroneous factual findings or errors of law. FTC v. Beatrice Foods Co., 587 F.2d 1225, 1230 (D.C. Cir. 1978); Weyerhaeuser, 648 F.2d at 741. At this stage, the FTC has failed to meet that burden.
Federal Trade Comm’n v. Whole Foods Market, Inc., No. 07-5276 (D.C. Cir. Aug. 23, 2007) (per curiam). Yum!
John Mackey, Chairman, CEO, and co-founder of Whole Foods — and former anonymous blogger extraordinaire — said that "[w]e are looking forward to closing this merger . . . ." Well, yeah.
Barry Barnett
