Filed under: Deals, Whole Foods Market (WFMI)

In spite of John Mackey’s most self-destructive efforts at getting the merger he wanted so badly blocked,. it appears that it will go through. Although the FTC says it will appeal, Whole Foods Market (NASDAQ: WFMI) appears poised to acquire rival Wild Oats (NASDAQ: OATS). Shares of Whole Foods are up 6.3% on the news after-hours. Wild Oats, the buyout target, is seeing its stock soar almost 20%.

According to the Associated Press,U.S. District Judge Paul L. Friedman’s filed a 93-page document (sealed because if contains trade secrets) denying the FTC’s plea to block the deal. The FTC argued that the merger would lead to higher prices for consumers, and appeared to have compelling evidence based on internal documents from the company. The deal was referred to as “Operation Goldmine” at Whole Foods, and the company planned to shutter more than 25% of Wild Oats stores. Emails from Mackey to the company’s directors referred to the acquisition as a way to “eliminate a threat” and avoid “price wars”.

Mackey has got to be thrilled that the deal is going through. Aside from the obvious strategic benefits to his company, the failure of the deal would likely have been pinned on him. He would have become known as “Motor Mouth Mackey”: The man who helped the FTC block an important acquisition because he couldn’t shut his trap.

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