Austin Business Journal - Whole Foods settles case with FTC
Friday, March 6, 2009, 9:29am CST | Modified: Friday, March 6, 2009, 1:39pm
Whole Foods Market Inc. announced Friday that it had reached a settlement with the Federal Trade Commission over the commission's antitrust challenge to the Austin grocer's 2007 acquisition of Wild Oats Markets Inc.
In keeping with FTC protocol, the settlement agreement has been placed on public record for a 30-day comment period that ends April 6. After that the FTC will issue a final ruling.
Under the terms of the agreement, a third-party divestiture trustee has been appointed to market for sale:
* leases and related assets for 19 non-operating former Wild Oats stores, 10 of which were closed by Wild Oats prior to the merger and nine of which were closed by Whole Foods Market;
* leases and related fixed assets (excluding inventory) for 12 operating acquired Wild Oats stores and one operating Whole Foods Market store; and
* Wild Oats trademarks and other intellectual property associated with the Wild Oats stores.
The trustee will have six months to market the assets to be sold and another six months beyond that for any good faith offers not finalized during the initial period. According to Whole Foods, the only other obligations on the company imposed by the settlement are in support of the divestiture process.
”We are pleased to have reached a mutually-satisfactory agreement with the FTC," said Whole Foods CEO John Mackey. Mackey added, "it will be business as usual in the 13 operating stores to be marketed for sale."
Employees at the stores that are being sold will either receive a guaranteed job offer in another store or an enhanced severance package from Whole Foods, Mackey said.
As for how the settlement will affect Whole Foods' financial results, the company said it expects to record a non-cash charge of up to $19 million related to the sale of the 13 operating stores. The combined stores had sales of about $31 million in the first quarter of fiscal year 2009, or about 1.3 percent of the company's stotal sales of $2.5 billion.
Whole Foods' (Nasdaq: WFMI) shares climbed 1 percent to $11.87 on Friday after news of the settlement hit Wall Street.
Whole Foods closed on its purchase of Boulder, Colo.-based Wild Oats in August 2007 after an FTC antitrust challenge to the deal was blocked by a U.S. District Court judge. Last year, an appeals court ruled that that judge had erred in blocking the challenge, which allowed the FTC to reopen the case. An administrative hearing on the antitrust case was scheduled for April 6, but the two sides agreed in January to halt litigation in an attempt to negotiate a resolution.
The addresses for the 13 operating stores offered for sale are:
* 7133 N. Oracle Rd., Tucson, Ariz.
* 8688 E. Raintree Dr., Scottsdale, Ariz.
* 2584 Baseline Rd., Boulder, Colo.
* 1651 Broadway St., Boulder, Colo.
* 3180 New Center Pt., Colorado Springs, Colo.
* 5910 S. University Blvd., Littleton, Colo.
* 9229 N Sheridan Blvd., Westminster, Colo.
* 340 N. Main St., West Hartford, Conn.
* 4301 Main St., Kansas City, Mo.
* 1090 St. Francis Dr., Santa Fe, NM
* 7250 W. Lake Mead Blvd., Las Vegas, Nev.
* 19440 N.W. Cornell Rd., Hillsboro, Oreg.
* 6930 S. Highland Dr., Salt Lake City, Utah
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