(Adds comment from Whole Foods.)
By Brent Kendall Of DOW JONES NEWSWIRES WASHINGTON -(Dow Jones)- A Washington, D.C., federal appeals court said Friday that it wouldn't reconsider a ruling that revived the U.S. Federal Trade Commission's antitrust challenge to the 2007 merger of Whole Foods Market Inc. (WFMI) and Wild Oats Markets Inc.
In July, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that a trial judge improperly dismissed the FTC's preliminary attempt to block the $565 million merger.
Arguing that the decision was incorrect, Whole Foods filed a legal petition that asked all of the active judges on the appeals court to reconsider the panel's ruling.
The court rejected that request Friday in a short written order.
The commission has argued the merger would lessen competition in the market for natural and organic foods.
Though the merger was completed in August 2007, the FTC is pressing ahead with its challenge, leaving open the possibility that it could try to halt further integration of the two companies or require Whole Foods to sell some operations.
The commission will hold full administrative hearings on the merger in February.
Whole Foods said in a statement that it would vigorously defend itself in the FTC's administrative proceedings, "even though we believe it is an unfair process and a violation of the company's due process rights."
Shares of Whole Foods closed at $8.19, down 24 cents, or 2.9%. Shares were recently up 6 cents after hours.
-By Brent Kendall, Dow Jones Newswires; 202-862-9222; brent.kendall@dowjones.com
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(END) Dow Jones Newswires
November 21, 2008 16:40 ET (21:40 GMT)

Publié le 21 novembre 2008 Copyright © 2008 Dowjones