Whole Foods Market

Leading US-based premium grocer Whole Foods Market has filed a lawsuit against the US Federal Trade Commission (FTC) over perceived errors that occurred during discussions on the legality of the group's merger with Wild Oats.

Whole Foods has asked the US District Court for the District of Columbia to terminate the FTC's internal proceedings against the merger, and bring the case before the district court, Reuters reported.

The merger was completed in 2007 after the FTC failed to get a preliminary injunction to stop the deal proceeding. Whole Foods has since accused the FTC of prejudging the merger as anticompetitive and deliberately setting a shortened schedule to prevent the group defending itself to its best capability.

'The commission is now attempting to get a second bite at the apple by challenging this merger in administrative proceedings conducted by and within the commission itself,' the suit said.

Whole Foods has said that it has already absorbed the majority of Wild Oats stores since being given the go-ahead to complete the US$565m deal in August 2007.