Manne Vindicated!

Thom Lambert —  16 August 2007

Geoff made all the right arguments on the FTC’s embarrassing effort to thwart the Whole Foods/Wild Oats merger. Indeed, he was one of the first to do so and thereby earned an honored link on Whole Foods’ website.

Judge Paul Friedman of the United States District Court for the District of Columbia just denied the FTC’s request for a preliminary injunction. Unfortunately, the judge’s 93-page opinion was issued under seal. My guess is that the opinion credits most of Geoff’s arguments (see also here, here, and here), and hopefully a few of mine.

Thom Lambert


I am a law professor at the University of Missouri Law School. I teach antitrust law, business organizations, and contracts. My scholarship focuses on regulatory theory, with a particular emphasis on antitrust.

3 responses to Manne Vindicated!


    Excellent work Geoff. And your laying these arguments out so clearly for laymen like me (and the same goes for Josh and Thom) makes you a true educator. Congratulations and thanks.


    This is great news! Thanks for the acknowledgement.

    I wonder if, as Michael Giberson pointed out, the victory had anything to do with the fact that the FTC’s own (supposedly redacted) documents made it clear that Whole Foods viewed Wal-Mart as a competitor. You know I’m not one to credit those sorts of business perceptions too much, but if that’s the evidence you’re going to use, use it well!

Trackbacks and Pingbacks:

  1. eSapience :: FTC and the Whole Foods - Wild Oats Merger :: August :: 2007 - August 17, 2007

    […] whose work eSapience has published, co-blogger on Truth on the Market Geoff Manne was cited on the Whole Foods website as someone who has helped its case against the FTC’s merger […]