US organics retailer Whole Foods Market has re-filed its complaint against the Federal Trade Commission (FTC) in the US Court of Appeals for the DC Circuit in order to reach a resolution over its ongoing row sooner.

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Whole Foods withdrew the complaint from the District Court and re-filed it in the Court of Appeals in a bid to speed up its protracted battle with the FTC over its US$565m takeover of rival retailer Wild Oats Markets.


Whole Foods’ petition charges the FTC with violating the company’s due process and equal protection rights. The retailer believes the competition watchdog has already “publicly prejudged the case against Whole Foods Market” and not given the company enough time to prepare for the administrative trial.


Because the FTC’s administrative trial begins on 6 April, the grocer said it did not want to spend time “arguing the case” on jurisdictional grounds.


“Filing with the Court of Appeals, which the FTC concedes has jurisdiction over the case, saves time and we want to move this case forward in the most expeditious manner for all concerned,” said Jim Sud, Whole Foods’ executive vice president of growth and business development.

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The FTC and Whole Foods have been embroiled in legal battles for over a year over the acquisition of Wild Oats.


The FTC believes the deal is anti-competitive. Whole Foods, which has already rebranded some of the Wild Oats stores, insists it competes head on with mainstream grocery chains that sell better-for-you products.


Earlier this week, the FTC filed a request to block the integration of Wild Oats into the Whole Foods business.


Whole Foods, meanwhile, is seeking sensitive competitive information from rivals as part of its bid to defend the takeover.

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