Whole Foods Requests Different Judge

"WASHINGTON, Aug 27 (Reuters) - Organic premium grocer Whole Foods (WFMI.O: Quote, Profile, Research, Stock Buzz) has asked the Federal Trade Commission, which is assessing whether its merger with rival Wild Oats is legal, to use an administrative law judge to hear the case, not a commissioner already on record as questioning the merger.

The FTC has named Commissioner Thomas Rosch to oversee the case, but Whole Foods said he should recuse himself, citing the fact that he was one of the commissioners who voted in June 2007 to investigate the merger as one that potentially violates antitrust statutes."

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