Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Whole Foods Antitrust Saga
A couple of years ago few people would have thought that a socially conscious company that specializes in selling organic groceries would find itself in a knock-down, drag-out brawl with the Federal Trade Commission. But that's just what has unfolded as a result of the FTC's challenge of the merger between Whole Foods Market, Inc. and Wild Oats Markets, Inc. While the twists and turns of the FTC's challenge have captivated antitrust aficionados for over a year and a half, there are important lessons for non-antitrust lawyers that may have a merger in their future.
First, the history of the case demonstrates that just because a merger has been consummated doesn't mean the FTC will pack up and go home. In fact, with the economic downturn and fewer mergers taking place, the FTC may very well focus its resources on completed mergers. Second, while every executive is likely to have a definite opinion about which markets their company competes in, that opinion won't carry the day in a merger challenge. Antitrust litigation is driven by competing expert testimony and economic analysis, and a company's market for antitrust purposes may end up being different than what the industry analysts report. Finally, while questionable e-mails and internal company documents may not lead to a loss in court, they can definitely cause problems in a merger challenge. It is, thus, extremely important for companies to have an antitrust compliance program that addresses document creation.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.