Court Denies Whole Foods Motion Against FTC

Austin, Texas A Washington, D.C., appeals court on Friday denied a motion by Whole Foods Market against the Federal Trade Commission.

Whole Foods Market Inc. purchased Wild Oats Markets Inc. in 2007 but the deal has been embroiled in legal challenges with regulators.

The natural-foods grocer sued the FTC in December, claiming the regulator violated its due process rights in the dispute. Whole Foods Market then refiled the case in January in the U.S. District Court of Appeals to get an expedited decision.

The court denied that motion Friday.

The FTC said it does not comment on active litigation. Whole Foods Market said it is considering refiling the case or reframing its request for relief.

"While it looks like we are caught in a procedural loop, there is no question our due process and equal protection rights have been violated and we intend to pursue this case until we can get a hearing in a federal court about those violations," said Lanny Davis, attorney for Whole Foods Market.

The FTC said it does not comment on active litigation. Whole Foods Market said it is considering refiling the case or reframing its request for relief.

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