WASHINGTON — The U.S. Court of Appeals here on Friday threw out Whole Foods' lawsuit against the Federal Trade Commission in which the Austin, Texas-based natural-food retailer was seeking to bar the FTC from holding an administrative trial on the legality of Whole Foods' acquisition of Wild Oats.
Whole Foods had first filed the complaint in U.S. District Court, before withdrawing the complaint and re-filing it last week with the Appeals Court.
Meanwhile the U.S. District Court has scheduled a hearing to consider possible remedies in the FTC's antitrust case against the Whole Foods acquisition for Feb. 17 and 18.
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