The US Federal Trade Commission will hold full administrative hearings into the merger between retailers Whole Foods Market and Wild Oats Markets in February, the regulator has told just-food.
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The FTC confirmed that the hearings will begin on 16 February as the US$565m merger once again goes under the microscope.
The deal, which was passed by a US court last year despite objections from the FTC, was cast into question in July after an appeals court ruled a judge had made an error when he turned down requests from regulators to block the merger.
The FTC had argued that a merger of Whole Foods and Wild Oats would hurt competition in parts of the US. Whole Foods argued that it was competing with all major supermarkets in the US, not just those in the organic sector.
Nevertheless, the appeals court has pushed the case back to the original judge and rejected Whole Foods’ argument that the FTC could not unravel a merger that already proceeded.
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By GlobalDataWhile fresh court proceedings are yet to be heard, the FTC has now decided to press ahead with its own administrative hearing.
A spokesman for the FTC said “no decision” had been made over whether commissioner Thomas Rosch would preside over the case.
The FTC has dismissed Whole Foods’ claims that none of the regulator’s commissioners should act as a presiding judge over the hearings.
The FTC insisted it would judge on the case “in an impartial and fair manner”.
Officials at Whole Foods could not be reached for immediate comment.
