WASHINGTON — The Federal Trade Commission last week filed a brief with the U.S. District Court here seeking an injunction barring Whole Foods from closing any more Wild Oats stores or converting them to Whole Foods. Although the FTC lost in its effort to block the merger and then lost an appeal, it claims in the brief that the courts did not properly consider the evidence against the deal. Austin, Texas-based Whole Foods is expected to file a response by Feb. 13. The company, after completing the acquisition, had filed to have the case deemed “moot,” which would have ended the FTC’s efforts to block the deal. However, the FTC on Oct. 22 filed a motion opposing Whole Foods’ efforts. Separately, Whole Foods is facing a lawsuit by a property developer in Boulder, Colo., after canceling development of a new Wild Oats store there, according to reports. According to the Boulder Daily Camera, Santa Monica, Calif.-based Macerich Co. alleges that it suffered financial harm after Whole Foods prevented Wild Oats from opening a 40,000-square-foot store as planned. Whole Foods declined to comment.

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