Changing Emphasis: How Whole Foods Advances the FTC’s Efforts to Transform Merger Litigation

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William Baer, Deborah Feinstein, Sep 01, 2008

Last month’s Whole Foods decision by the U.S. Court of Appeals for the D.C. Circuit can be viewed from a variety of perspectives. Our focus in this commentary is how the decision is likely to reinforce the U.S. Federal Trade Commission’s (“FTC’s”) determination to change the way it challenges mergers. Just a year ago, FTC merger enforcement efforts seeme