<em>Whole Foods</em>’ Impact on Unilateral Effects

Now comes the decision of the U.S. Court of Appeals for the D.C. Circuit, reversing the district court’s denial of a preliminary injunction. There are many interesting aspects of the D.C. Circuit’s decision, including the FTC’s (now meager?) burden in obtaining a preliminary injunction under § 13(b) of the Federal Trade Commission Act, the role of bad documents and colorful statements against interest made by a CEO, and the powers of a district court in fashioning a remedy pending further litigation before an FTC administrative law judge. The D.C. Circuit’s decision also has some interesting implications for future unilateral effects cases, though perhaps not entirely in ways envisioned by the agencies.