Consumer Groups Oppose Whole Foods Merger

WASHINGTON — A federal judge here should side with the Federal Trade Commission in its antitrust case against the Whole Foods-Wild Oats merger, according to three advocacy organizations that filed a brief in the case. In the brief, which was made public on Friday, the American Antitrust Institute, the Consumer Federation of America and the Organization for Competitive Markets argued that allowing Whole Foods to acquire Wild Oats would result in more than just higher prices, but also reduced variety and service. They argued that, as the FTC alleges, a market exists for “premium natural and organic” supermarkets that is distinct from traditional food retailers. “Whole Foods and Wild Oats actively compete to provide a better variety of natural and organic foods, and a superior shopping experience,” they wrote. “This rivalry should be preserved by enjoining the proposed acquisition.” Separately, Whole Foods on Friday extended its tender offer for Wild Oats’ shares to Aug. 15. The company had previously said it expected a ruling from the court by “mid-August.”

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