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76 JAMES L. HARBIN AND PATRICIA HUMPHREY

them, but I’m not convinced that this is a marriage made in heaven.” Their postacquisition
plans included selling some 35 non–Wild Oats stores (Henry’s & Sun Harvest), closing
10 to 30 Wild Oats stores, relocating 7, and remodeling/enlarging many more.
The Federal Trade Commission initially raised antitrust concerns over the acquisi-
tion as early as May-June 2007. They contended that the two chains would compete
directly against one another in 21 geographic areas and that this combination would limit
competition, and therefore increase prices in the marketplace for natural and organic foods.
Whole Foods countered that it already faced plenty of competition from Kroger, Safeway,
and other big supermarket chains as well as local producers selling directly to customers in
that segment.
In August 2007, a U.S. District Court ruled that the two companies could proceed
after finding that the “marginal” customers (those more likely to seek out better prices),
rather than core customers (those more loyal), could easily find the products in other stores.
The judge based his decision in part on the fact that about 60 percent of natural and organic
foods are sold by conventional grocery stores. The FTC still was not convinced, and the
U.S. Court of Appeals in mid-2008, by a 2–1 vote, sent the case back to the lower court to
consider the evidence more fully, suggesting that the judge there had rushed the decision.
Following the ruling, one antitrust lawyer commented, “What are you going to do––the
eggs have already been scrambled.” Another critic of the FTC’s action commented, “We’ve
got bigger problems than organic grocery monopolies.” While all this was being sorted out,
Whole Foods was proceeding with their plans for the Wild Oats acquisition.
In early March 2009, a final settlement was announced. Whole Foods agreed to
divest itself of 31 Wild Oats stores in 12 states, including 19 that had already been closed,
and 1 Whole Foods store. They also agreed to relinquish the rights to the Wild Oats brand,
which could be sold to a potential competitor. In exchange, the FTC agreed to drop its legal
bid to undo the merger. Neither side could claim a victory. In that Whole Foods paid
roughly $565 million for 110 stores under the Wild Oats name, and suffered another $19
million in settlement issues, one analyst likened it to an exercise in killing the competition
rather than gaining a major brand.

The Organic Food Industry
The global market for organic food and beverages was worth $22.75 billion in 2007, after
more than doubling in five years, according to market research firm Euromonitor
International. The United States accounted for about 45 percent of that total. Typical growth
rates of 20 to 30 percent for organic food sales in the United States eased in the second half
of 2008 as middle- and upper-income families felt the effects of layoffs and declining port-
folios. Although it may be safe to assume that organic food is past the stage of being a fad
and there is a hard core of customers, the future for this industry is cloudy at best.
It is still debatable exactly what organic food is or how to define it. The issue of
whether it is healthier or more “green” is still open to question by some. There is, however,
according to some estimates, a core group of organic consumers that consists of approxi-
mately 15 percent of the overall American population. This core is willing to spend the
price premium that organic foods carry (which typically ranges from 20 to 200 percent
over regular foods).
One health and wellness marketing research group postulates that the past years’
double-digit growth of organic foods has started to level off. Supervalu (the number four or
five grocer) closed down their five-store Sunflower market, which focused on organic items in
2008, after opening it in 2006, because it failed to meet the company’s expectations.
In contrast, since food companies have been increasing prices to offset the rising
commodity prices and currency-related effects, the pricing gap between regular food prod-
ucts and organic products has narrowed. This narrowing of prices could make organic
products more appealing to a greater number of customers.

Industry Trends
Grocery stores are ranked among the largest industries in the United States. Cashiers, stock,
and order fillers make up 50 percent of all grocery store workers. At one time the retail