Back before the holidays, U.S. District Judge Paul Friedman asked lawyers for Whole Foods and the Federal Trade Commission to convince him how he should interpret a federal appeals court decision that kicked back a high-profile antitrust case to his court.
Friedman had earlier ruled against the FTC, which sought to block the Whole Foods merger with Wild Oats. The companies merged in a multimillion-dollar deal. But last summer, the U.S. Court of Appeals for the D.C. Circuit reversed Friedman in a rare 1-1-1 vote. That left Friedman and the lawyers for the feuding parties to debate how to proceed on remand. In Friedman’s court on Dec. 22, there was little agreement from anyone.
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