Judges Back FTC Over Whole Foods

Two judges of the U.S. Court of Appeals in Washington DC abruptly reversed an earlier decision by the same court that allowed Whole Foods Markets, Inc., to complete its acquisition of Wild Oats Markets, Inc., over the objections of the Federal Trade Commission.

The judges include Judge Janice Rogers Brown. As Skip Oliva noted to me,

I remember when some conservatives and libertarians hailed the appointment of Janice Rogers Brown to the D.C. Circuit Court of Appeals. One libertarian lawyer gushed to me that she'd be the next great 'libertarian' judge. Well, she sided with the FTC in a big case today .... Live by the judiciary, die by the judiciary!