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Food Roundup: FTC Wants to Block Whole Foods Merger, Peanut Butter Blamed in Outbreak, and More

By Dan Mitchell | Jan 12, 2009

FTC Wants to ‘Halt’ Whole Foods-Wild Oats Merger
Incredibly, the Federal Trade Commission is pressing ahead with its move to “halt” the merger between the two natural-foods grocers, despite the fact that the deal was made last year and the companies have been pretty much fully integrated.

The FTC on Monday asked a federal judge to stop any merger activity as the agency’s various legal claims makes their way through the courts.

The FTC says it may seek to undo the merger.

Whole Foods called the request “absurd.” As Lanny Davis, the company’s lawyer, put it, “How can you halt something that is already done?”

Whole Foods bought its rival in 2007 for $565 million, and has spent millions since then converting stores. The FTC objected to the deal before it closed, saying it would create a monopoly in the “natural foods” business.

As Whole Foods notes, many other grocers sell natural foods. And as Whole Foods’ own anemic business results have recently showed, the chain has plenty of competition. [Source: AP]

Peanut Butter Fingered in Salmonella Outbreak
The Minnesota Department of Agriculture and Health confirmed Monday that the salmonella strain found in batches of peanut butter distributed by King Nut, an Ohio company, matches the strain that has sickened nearly 400 people nationwide.

A five-pound container of King Nut peanut butter was found last week to contain salmonella. It was found at a long-term care facility in Minnesota. King Nut has recalled peanut butter under the King Nut and Parnell’s Pride brands, which are sold chiefly to hospitals, nursing homes, schools and restaurants. The manufacturer is Peanut Corporation of America. [Source: Reuters]

Constellation Brands to Sell Spirits Unit

The wine, beer and spirits giant will sell its bargain liquor business to Sazeric for $274 million in cash plus $60 million in debt financing as it sharpens its focus on premium wine and booze.

The sale includes more than 40 brands. Many of which sell for about $6 for a 750-milliliter bottle. The unit accounts for about 5 percent of total sales, and the sale will hurt profits in the short run.

Proceeds will be used to pay down debt. [Source: AP]

Landry’s Buyout Canceled

The restaurant chain ended its agreement to sell the business to its CEO Tilman Fertitta because it was unwilling to disclose financing terms.

Fertitta had been angling to buy the company for nearly a year. [Source: Reuters]

Ruth’s Chris Issues Warning

Ruth’s Hospitality Group, which owns the steakhouse chain, said fourth-quarter same-store sales would fall by nearly a fifth. The company blames a severe dropoff in traffic. [Source: Columbus Business First]

BNET User Analysis

Web Buzz:
  • Judge Asks How to Stop Whole Foods Merger

    Supermarket News - 334 days 22 hours 31 minutes ago

    WASHINGTON ? The judge who is re-hearing the Whole Foods antirust case after allowing the merger to proceed last year has asked the Federal Trade Commission how it might be possible to halt the ongoing integration of Whole Foods and Wild Oats, according to reports. A three-judge panel sent the case back to U.S. District Judge Paul Friedman...

  • Court Dismisses Whole Foods' Suit

    Supermarket News - 301 days 22 hours 31 minutes ago

    WASHINGTON ? The U.S. Court of Appeals here on Friday threw out Whole Foods' lawsuit against the Federal Trade Commission in which the Austin, Texas-based natural-food retailer was seeking to bar the FTC from holding an administrative trial on the legality of Whole Foods' acquisition of Wild Oats. Whole Foods had first filed the complaint in...

  • FTC Calls for Restoring Wild Oats Brand

    Wall Street Journal - 315 days 4 hours 30 minutes ago

    The FTC told a federal judge that it wants Whole Foods to rebrand to their former name Wild Oats, amid a legal challenge to its 2007 merger

  • Food Roundup: Whole Foods Stung by Rivals, Cargill Profits Up, Aldi Pushes into U.S., and More

    BNET Food - 314 days 6 hours 17 minutes ago

    Whole Foods Says Rivals Won’t Help It in FTC Fight — It’s a real pain when your competitors just won’t come across with their private financial data. Whole Foods has been asking for just that from 93 rivals as the troubled natural-foods grocer fights the Federal Trade Commission’s attempts to undo its 2007 acquisition of Wild Oats...

  • Whole Foods fights back against latest FTC request

    Bizjournals - 315 days 11 hours 11 minutes ago

    Whole Foods Market Inc. is fighting back vehemently against the Federal Trade Commission’s proposal to stop the integration of former Wild Oats stores into the Whole Foods’ fold and restore Wild Oats signs on more than 100 locations. The FTC asked a federal judge on Monday to stop Whole Foods (Nasdaq: WFMI) from continuing to merge Wild...

 

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