Zoe Tillman, “Grocery bagged,” The National Law Journal, August 22, 2011

According to District of Columbia court reporter Zoe Tillman, U.S. District
Judge James Boasberg is currently considering a motion to certify a class in
litigation filed by a California consumer in 2008 to challenge the merger of
Whole Foods Market Inc. and Wild Oats. As Tillman notes, in March 2009 the
Federal Trade Commission settled the anti-competition charges it filed against
Whole Foods, which the company’s counsel argues could make it difficult for
the plaintiffs to proceed on the merits.

Named plaintiff Ekaterini Kottaras reportedly contends that the merger
violated antitrust laws by forcing shoppers to pay higher prices in the
“premium, natural, and organic” products market. This article discusses the
FTC proceedings in some detail to provide a context for the putative class
litigation. Whole Foods apparently contends that Kottaras’s expert testimony
is insufficient to prove her case and that she may not be an appropriate class
member due to her shopping habits and failure to retain receipts until two
years after the merger. The parties are reportedly hoping the court will allow
oral argument on the certification motion.