Mackey’s Comments at Issue on Day 2 of FTC Hearing

WASHINGTON — Comments made by Whole Foods Chairman and Chief Executive Officer John Mackey in an email and online were the subject of discussion at yesterday’s antitrust hearing here, in which the Federal Trade Commission is seeking to block Whole Foods’ effort to buy Wild Oats Markets, according to reports. The Associated Press reported that the lawyer for the FTC cited the messages, in which Mackey discussed “eliminating nasty price wars,” as part of the argument that the merger would reduce competition for consumers and thus have the potential to increase prices. AP also reported that both sides said they would appeal an unfavorable decision — a move observers told SN would be very rare because of the length of time it would take.

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