FTC v. Whole Foods Market, Inc.

In an amicus brief to the D.C. Circuit, the AAI advocates a deferential standard in FTC efforts to obtain preliminary injunctions of mergers. The brief was drafted by AAI Director of Advocacy Richard Brunell. It argues that the District Court, in permitting the acquisition of Wild Oats by Whole Foods, applied too high a standard and ignored key elements of the FTC's case.