Monday, August 20, 2007, 8/20/2007 07:32:00 AM

Continuing the All Whole Foods' Theme

From the Washington Post, a story following up on those from last week concerning the government's loss in its attempt to block Whole Foods' acquisition of rival upscale-organic type grocer, Wild Oats. Notwithstanding some damaging internal documents from Whole Foods, the government could not overcome the defense that other less upscale grocers would keep the combined from companies from raising prices.

The irony here is that the opinion is not fully available because it contains trade secrets, but the government apparently inadvertently released those same trade secrets last week.

The FTC is seeking emergency review in the D.C. Circuit to block the acquisition which could happen today.

Don't hold your breath waiting for the appeals court on this one.

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