Whole Foods Market, Inc.
Volume 147 · 147 F.T.C. 901
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Whole Foods Market, Inc., 147 F.T.C. 901 (2009). Consumer Law Library, https://consumerlawlibrary.org/decisions/v147-0031
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IN THE MATTER OF WHOLE FOODS MARKET, INC., AND WILD OATS MARKETS, INC.
Docket No. 9324 Order, May 21, 2009 Order addressing Gelson’s Markets’ claims that Whole Foods Markets, Inc. violated the protective order by using Gelson’s confidential documents for purposes that are outside the scope of the administrative proceeding. ORDER DENYING GELSON’S MARKETS’ MOTION TO ENFORCE PROTECTIVE ORDER Gelson’s Markets has filed a motion requesting that the Commission enforce the Protective Order Governing Confidential Information (“Protective Order”) – which the Commission issued in this administrative proceeding on October 10, 2008 – and “direct Whole Foods’ counsel to return all of Gelson’s documents immediately without retaining copies or summaries thereof.” The Commission has considered the arguments made by Gelson’s Markets and by Whole Foods in response. In particular, the Commission notes that paragraph 12 of the Protective Order provides that “the parties shall return documents obtained in this action to their submitters . . .” at “the conclusion of [the administrative] proceeding . . .” This administrative proceeding has not yet ended; it will end when the Commission determines to accord final approval to the Decision and Order accepted for public comment, and the Decision and Order becomes final. Accordingly, IT IS ORDERED THAT Gelson’s Markets’ request that the Commission order Whole Foods and its counsel to immediately return Gelson’s confidential documents is DENIED; and IT IS FURTHER ORDERED THAT when the Decision and Order in this matter becomes final, Whole Foods need not return any VOLUME 147 Interlocutory Orders, Etc.
third-party documents that are subject to any outstanding discovery requests (including, but not limited to outstanding requests in Kottaras v. Whole Foods Market, Inc., no. 1:08-cv-01832 (D.D.C.)), provided that Whole Foods complies with its obligations set forth in paragraph 11 of the Protective Order. At that time, pursuant to paragraph 12 of the Protective Order, Whole Foods must return all other documents obtained in this action to their submitters. By the Commission.
HEXION LLC 903 Interlocutory Orders, Etc.