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Court Denies Whole Foods Motion Against FTC

BY CSA STAFF

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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Murray resigns from Cabela’s board

BY CSA STAFF

SIDNEY, Neb. Cabela’s announced that Stephen Murray resigned from the board of directors effective Jan. 20.

Murray joined the board of directors in December 2005. During his tenure, Murray served as a member of the compensation committee and the nominating and corporate governance committee.

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Wal-Mart to own majority stake in largest Chilean food retailer

BY CSA STAFF

BENTONVILLE, Ark. and SANTIAGO, Chile Wal-Mart Stores announced that it has successfully completed its tender offer to acquire Distribucion y Servicio D&S S.A., Chile’s largest food retailer.

As a result of the transaction, Wal-Mart will own approximately 58.2 % of the issued and outstanding shares of D&S, including shares represented as American Depository Shares in the United States. Felipe Ibanez Scott and Nicolas Ibanez Scott will collectively retain approximately 40.1% of the shares of D&S, leaving approximately 1.7% held by the public. The tender offer period commenced Dec. 24 and closed at midnight Jan. 22 local Santiago time.

According to Craig Herkert, Wal-Mart EVP and CEO of the Americas, “Partnering with D&S, with its strong brands and its position as Chile’s largest food retailer, is an important step in implementing Wal-Mart’s international strategy. We continue to focus on portfolio optimization, global leverage and winning in every market.”

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