The US Federal Trade Commission (FTC) will hold an administrative hearing on Whole Foods Market’s purchase of former rival Wild Oats on 8 September.
The FTC put its objections before a federal court of appeals last month, disputing the merger which was completed last year.
A lower court judge has previously refused to grant the FTC’s request for an injunction to block the deal. However, the court of appeals agreed with the FTC and remanded the case back to the district courts for further consideration.
The FTC has also revived its own administrative investigation of the merger.
The commission had previously set a date for this hearing of 18 August, but agreed to postpone at the request of Whole Foods.

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By GlobalDataWhile Wild Oats and Whole Foods were two of the largest natural and organic retailers in the US, Whole Foods has argued that it faces competition in the sector from conventional retailers.
A spokesperson for the retailer declined to comment on the progress of the case, but did reaffirm Whole Foods’ position.
“In all of the geographies highlighted by the FTC we face competition in the organic sector from mainstream retailers like Wal-Mart,” Whole Foods told just-food.