Consolidation in industries related to food products - whether among manufacturers, retail outlets, or distributors - draws particular scrutiny given the impact on consumers.  A number of such transactions are currently under review, and while others have led to consent orders issued by the Federal Trade Commission, the FTC recently challenged the Sysco/US Foods combination.

Our panel will discuss how such mergers have been analyzed in the last decade, including the lasting influence of the FTC’s challenge to Whole Foods Market’s acquisition of Wild Oats Markets, the similarities and differences between the Sysco/US Food challenge, grocery store mergers, and food manufacturer transactions, best practices for private practitioners dealing with the government, and whether recent consolidation has created new issues that will impact merger analysis going forward.

For additional information please visit the ABA’s website.