Changing Emphasis: How Whole Foods Advances the FTC’s Efforts to Transform Merger Litigation

Last monthA¢â‚¬â„¢s Whole Foods decision by the U.S. Court of Appeals for the D.C. Circuit can be viewed from a variety of perspectives. Our focus in this commentary is how the decision is likely to reinforce the U.S. Federal Trade CommissionA¢â‚¬â„¢s (A¢â‚¬A“FTCA¢â‚¬â„¢sA¢â‚¬Â ) determination to change the way it challenges mergers.