AUSTIN, Texas — Whole Foods Market here on Friday said it has resubmitted its case against the Federal Trade Commission in a Washington, D.C., appeals court, saying the move would expedite a resolution in the ongoing dispute over its acquisition of Wild Oats Markets.
The retailer last month sued the FTC in U.S. District Court, claiming the regulator violated its due process and equal protection rights. That case has been withdrawn and resubmitted in appeals court.
“Filing with the Court of Appeals, which the FTC concedes has jurisdiction over the case, saves time and we want to move this case forward in the most expeditious manner for all concerned,” Jim Sud, executive vice president of growth and business development at Whole Foods Market, said in a statement.
The retailer in its complaint asks the court to bar the FTC from holding an administrative trial on the matter, arguing the regulator has already prejudged the case. That hearing is set to begin on April 6.
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