Federal Trade Commission v. Whole Foods Market, Inc., 548 F.3d 1028 (D.C. Cir. 2008)

(court revives plaintiff’s request to block $565 million merger of two organic groceries; court did so reluctantly, noting that plaintiff offered “at best, poorly explained evidence”; while trial court was correct in focusing on market definition, trial court erred by analyzing the product market differently; relevant market should be those consumers who are committed to premium, natural and organic supermarkets).

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