Whole Foods’s quest to eat Wild Oats got another jolt yesterday.  The D.C. Circuit stayed consummation of the merger until it gets more briefing on the Federal Trade Commission’s efforts to block it on antitrust grounds.  Washington Post story here.

U.S. District Judge Paul Friedman denied the FTC’s request for a preliminary injunction on August 16.  He rejected a request for an injunction pending appeal the next day.

The D.C. Circuit’s website hasn’t listed any argument on the FTC on its docket yet.  But we expect that they’ll move fast.

Barry Barnett

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