WASHINGTON— The U.S. Court of Appeals for the D.C. Circuit on Jan. 23 rejected a petition by Whole Foods Market, Inc. to block the Federal Trade Commission (FTC) from beginning an April 2009 administrative trial on the legality of Whole Foods’ 2007 acquisition of Wild Oats Markets, Inc.
In its petition, Whole Foods Market asked the Court to bar the FTC from conducting a trial that would violate the company’s due process rights because the FTC already has publicly prejudged the case against Whole Foods Market and refused to give the company enough time to prepare for the administrative trial.
As reported by CNN, a three-judge panel of the appeals court denied Whole Foods' request. Lanny J. Davis, lawyer for Whole Foods, said the company may seek to reframe and refile its lawsuit against the FTC.
