In an unusual move, the Federal Trade Commission is again attempting to stop Whole Foods from acquiring Wild Oats even though the deal completed in August.
The FTC asked a Washington appellate court to overturn the August federal district court ruling that allowed the merger to go forward.
Although the FTC appeal is considered a long shot, it is asking for an expedited review based on antitrust grounds.
Whole Foods has filed a motion asking the appellate court to dismiss the case as moot because the companies completed their transaction Aug. 28.
But the FTC says the appeal is warranted, partly because Whole Foods continues to operate many of the Wild Oats stores separately.
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