A Hole in the Whole Foods – Wild Oats Merger — July 30, 2008

Jamie Rector/Bloomberg News
Yesterday a federal appeals court ruled that the lower court judge giving the thumbs up to the merger had in adequately considered the impact the merger would have on consumers. The three-member panel of the United States Court of Appeals for the D.C. Circuit, voted 2-1 that lower court judge, Paul L. Friedman, had rushed a decision in the original hearing. The court ruled that $565 million merger would limit competition and therefore elevate prices for natural and organic foods whereas Whole Foods executives have argued that the merger was necessary in order for the company to compete against much larger competitors like WalMart, Kroger, and Safeway that now sell a large assortment of organic products for consumers.
It is now unclear what will happen if courts determine the merger to be unlawful. Austin, TX-based Whole Foods has already transitioned 27 former Wild Oats stores into Whole Foods stores since the favorable ruling last August. Apparently, the new case has proven to be more than just a legal conundrum for Whole Foods as “documents filed by the Federal Trade Commission revealed that Whole Foods’ chief executive and founder, John P.Mackey, had, under a pseudonym, posted hundreds of messages on financial bulletin boards promoting the company’s stock and criticizing Wild Oats.” (NYT article)
So the real question – will
Also, check out the conversation on SeekingAlpha “Whole Foods: How Many Health Nuts in
Tagged with: green business • Organic Foods • Organic Shopping • Whole Foods • Wild Oats











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