Flowers Industries, Inc. v. Federal Trade Commission

The Federal Trade Commission (“FTC”) appeals from the grant of a preliminary injunction. The preliminary injunction prevents the FTC from enforcing its decision that Flowers Industries (“Flowers”) must sell bakeries in Gadsden, Alabama, and High Point, North Carolina, to Mills Family Bakery (“Mills”) under the terms of a consent order. Because we conclude that venue was improper, we vacate the judgment of the district court and remand. We will, however, temporarily continue the preliminary injunction so that the status quo will be maintained until the district court acts on our mandate.

When…