Legal Opinion

Federal Trade Commission v. Whole Foods Market, Inc.

Court of Appeals for the D.C. Circuit

Decided November 21, 2008No. 07-5276PublishedCited by 64 opinions

1Opinion of the Court

Opinion filed by Circuit Judge BROWN.

Opinion concurring in the judgment filed by Circuit Judge TATEL.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

BROWN, Circuit Judge.

The FTC sought a preliminary injunction, under 15 U.S.C. § 53(b), to block the merger of Whole Foods and Wild Oats. It appeals the district court’s denial of the injunction. I conclude the district court should be reversed, though I do so reluctantly, admiring the thoughtful opinion the district court produced under trying circumstances in which the defendants were rushing to a financing deadline and the FTC presented, at…

2Cases cited25 opinions

  1. United States v. Grinnell Corp.Supreme Court of the United States · 1966
  2. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  3. Federal Trade Commission v. Dean Foods Co.Supreme Court of the United States · 1966
  4. United States v. Philadelphia National BankSupreme Court of the United States · 1963
  5. Washington Metropolitan Area Transit Commission v. Holiday Tours, Inc.Court of Appeals for the D.C. Circuit · 1977

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3Cited by64 opinions

  1. Jacobs v. Tempur-Pedic International, Inc.Court of Appeals for the Eleventh Circuit · 2010
  2. Federal Trade Commission v. Phoebe Putney Health System, Inc.Supreme Court of the United States · 2013
  3. Sierra Forest Legacy v. ShermanCourt of Appeals for the Ninth Circuit · 2011
  4. Southeast Missouri Hospital v. C.R. Bard, Inc.Court of Appeals for the Eighth Circuit · 2011
  5. United States v. H & R Block, Inc.District Court, District of Columbia · 2011

59 more not listed; retrieve them via the Exa API.

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