Administrative Law Judge Appointed in Whole Foods Antitrust Case

The FTC has appointed Acting Chief Administrative Law Judge D. Michael Chappell to oversee the antitrust hearing in the commission’s
case against the 2007 merger of Whole Foods Market, Inc. and Wild Oats Markets, Inc. The administrative hearing is scheduled to begin February 17, 2009. FTC Commissioner J. Thomas Rosch presided over the scheduling conference in September 2008, and a news source indicated that Whole Foods objected to the possibility that he would be appointed to hear the matter. In its October 20 order, FTC notes that
the FTC chair and commissioners, including Rosch, “are committed, subject to the bounds of reasonableness and fairness, to a just and expeditious resolution of any potential appeal from an Initial Decision filed by the Administrative Law Judge in this matter that may be taken to the full Commission.” The administrative proceedings are separate from collateral proceedings pursued in federal court. Further details about the most recent federal court decision appear in issue 269 of this Update. See Supermarket News, October 22, 2008.