Amazon Deal For Whole Foods Wins U.S. Regulatory, Shareholder Approvals

Published on

WASHINGTON/SAN FRANCISCO (Reuters) – Amazon.com Inc (AMZN.O) on Wednesday cleared two of the biggest hurdles it needed to close its $13.7 billion acquisition of Whole Foods Market Inc (WFM.O), with approvals from a U.S. regulator and the grocery chain’s shareholders.

The U.S. Federal Trade Commission said in a statement it would not pursue its investigation into the proposed merger further after reviewing whether the deal would substantially lessen competition or constituted an unfair method of competition.

Amazon said it was on track to close the merger, expected sometime this year. Earlier on Wednesday, Whole Foods said its shareholders voted in favor of the deal.

Buying Whole Foods gives the world’s largest online retailer a foothold in the $700 billion U.S. grocery market, key for it to grab a greater share of shoppers’ wallets. It also gives Amazon more than 465 brick-and-mortar stores where it could showcase products and ready packages for home delivery.

The marriage between the online retailer and the pioneer organic grocery seller has sent shockwaves through the supermarket industry, already in the midst of a price war.

Much larger grocers like Kroger Co (KR.N), with 2,796 retail food stores, and Wal-Mart Stores Inc (WMT.N) are racing to add online shopping options so they do not give ground to Amazon. Meanwhile, they are being forced to discount items as German grocery chains Aldi and Lidl expand in the United States.

“They’re definitely under pressure,” said eMarketer analyst Patricia Orsini. Without “some sort of e-commerce strategy… you’re going to lose those shoppers to a competitor.”

 

Amazon has a loyal and spendthrift following thanks to its shopping club Prime. However, its decade-long effort to deliver groceries to customers’ homes has been unable to unseat brick-and-mortar rivals.

“Prime members are keen to learn the benefits of a bricks-and-mortar approach to Amazon Grocery,” said Baird Equity Research analyst Colin Sebastian.

“The deal will close after they sort out more ’back office’ issues,” he noted.

Whole Foods shares rose 0.7 percent in after-hours trading to $41.96, still shy of the deal’s $42 per-share price tag. Amazon shares dipped 0.4 percent, while shares of Kroger and Wal-Mart were largely unchanged.

REGULATORY HEAT

Antitrust experts had expected the deal to win government approval because Amazon sells few groceries currently and Whole Foods itself makes up a small fraction of U.S. food sales.

Some critics, however, had argued that the government could attempt to block the merger since Amazon might leverage its retail and supply chain power to dominate a new market.

“You don’t normally see cases on theories that are speculative,” said Richard Feinstein, who headed the FTC’s bureau of competition under former President Barack Obama.

That has not stopped some in political office from questioning the merger.

Last month, the top Democrat on the U.S. House of Representatives’ antitrust subcommittee voiced concerns about the plan and sought a hearing to look into the deal’s impact on consumers.

Amazon has frequently been in the crosshairs of President Donald Trump, who last week took aim at the company over taxes and jobs, without offering evidence. The retailer’s CEO, Jeff Bezos, owns the Washington Post, which Trump has also frequently criticized.

“Amazon is doing great damage to tax paying retailers. Towns, cities and states throughout the U.S. are being hurt – many jobs being lost!” Trump wrote in a tweet. Trump made no mention of the pending Whole Foods purchase.

The FTC opted not to make a second request for information about the deal, which is often a burden for companies that have to provide extensive information that can drain time and resources to collect. Such requests have in the past led to concessions so a merger gains government approval.

“The FTC quickly decided that the combination did not create a significant danger of lessening competition in any market,” Erik Gordon, a business professor at the University of Michigan, said.

Consumer Watchdog, a group that had urged the FTC to take action to block the merger, said in a statement it was disappointed. “Apparently the only way to hold Amazon accountable for its abuse of consumers is at the state level,” the group said.

The government could step in after the deal closes if Amazon were ever found to undermine competition illegally, according to Gordon and Feinstein. The FTC also said on Wednesday that it “always has the ability to investigate anticompetitive conduct should such action be warranted.”

Latest Privacy Videos

Video thumbnail
Consumer Alert: Wall Street using AI
01:48
Video thumbnail
KCBA (FOX) CA: Clearview AI Is Creating An AI Facial Recognition Software That Violates Privacy Laws
00:35
Video thumbnail
KGO CA: Consumer Watchdog Calls Attorney General to Investigate Clearview AI For Violating State Law
03:06
Video thumbnail
KNTV-SF (NBC) - San Francisco, CA: Tesla Recalls Millions of Cars
02:29
Video thumbnail
Consumer Alert: Clearview AI
01:19
Video thumbnail
Californians Now Have More Power Over Their Data
01:07
Video thumbnail
KPIX CBS TV-5 San Francisco, CA: Your Car's Computer Could Be Tracking And Reporting Your Every Move
00:48
Video thumbnail
California Votes YES on Privacy- Prop 24
13:14
Video thumbnail
Rage For Justice Report Podcast- Prop 24 For Your Privacy
19:18
Video thumbnail
Consumer Watchdog Hacks Tesla
02:00
Video thumbnail
FOX KSWB: New Internet-Connected Cars Could Get Hacked
01:05
Video thumbnail
ABC: Kill Switch Report Highlights Widespread Hacking Vulnerability of Connected Cars
02:12
Video thumbnail
KTTV FOX: Consumer Watchdog Report Warns That Hackers Can Take Over Your Car
05:02
Video thumbnail
SPECNEWS1: Watchdog Warns Cars With Internet Connection Vulnerable to Hacking
00:37
Video thumbnail
KBCW: Connected Cars Pose Risk to Driver Safety Due to Hacking Vulnerability
02:31
Video thumbnail
ABC KGO: Whistleblower Engineers Warn Connected Cars Need A Kill Switch to Stop Hacking
02:10
Video thumbnail
KCAL: Alarming Watchdog Report Shows Connected Cars Are Vulnerable to Hacking
02:51
Video thumbnail
ABC KGTV: Report Says Internet-Linked Cars Are Vulnerable To Hackers
00:30
Video thumbnail
KTTV Fox 11: Consumer Watchdog Report Shows How Vulnerable Connected Cars Are To Dangerous Hacking
01:05
Video thumbnail
NBC: Watchdog Report Show Connected Cars Lack of Cybersecurity Put Drivers at Risk
03:38
Video thumbnail
CBS KGPE: Connected Cars Pose A Cybersecurity Risk
03:05
Video thumbnail
Fox WDAF: High-Tech Cars Put Drivers At Risk Of Hacking Interference
00:47
Video thumbnail
ABC WXYZ: Connected Cars Can Be Hacked Says Kill Switch Report
01:36
Video thumbnail
KTTV GDLA: US Senators Write NHTSA About Connected Car Concerns
01:17
Video thumbnail
FOX KPTV: Kill Switch Report Details Cybersecurity Issues With Internet Connected Cars
02:28
Video thumbnail
CBS LA: Kill Switch Study Finds Connected Cars Are Vulnerable to Hacking
01:41
Video thumbnail
FOX KTTV: Consumer Watchdog on Privacy Issues, Hacking Risks With Internet-Connected Toys
03:00
Video thumbnail
CBS Evening News With Norah O'Donnell: Jamie Court Explains the Value of CA's Consumer Privacy Act
02:04
Video thumbnail
WAFF TV-48 Alabama: Watchdog Report Highlights Car-Hacking Risks
03:16
Video thumbnail
ABC KFSN: Internet-Connected Vehicles At Risk Of Being Hacked Says New Watchdog Report
00:33
Video thumbnail
KPIX CBS: Connected Cars Need A Kill Switch To Stop Dangerous Hacking
02:31
Video thumbnail
KCAL: Kill Switch Report Warns of Hacking Risk For Connected Cars
01:29
Video thumbnail
KTLA: Consumer Watchdog Report Warns of Hacking Risk For Internet Connected Cars
01:05
Video thumbnail
CBS This Morning: "Movie Pass Engages in Deceptive Data Mining" Says Consumer Watchdog
03:09
Video thumbnail
California Passes Strictest Privacy Law in Nation - Rising Up w/Sonali
13:09
Video thumbnail
Consumer Watchdog Exposes
04:20
Video thumbnail
How Google backs Backpage Sex-Trafficking, Press Conference Pt. 1
14:55
Video thumbnail
How Google backs Backpage Sex-Trafficking, Press Conference Pt. 3
14:57
Video thumbnail
Amazon Prime? Or Amazon Slime?
01:22
Video thumbnail
KMAX CBS Sacramento: Amazon shows deceptive prices to trick consumers, says Consumer Watchdog
00:31
Video thumbnail
KABC Los Angeles: Anti-Child Sex Trafficking Groups Call Out Google's Backing of Backpage
02:11
Video thumbnail
KPIX-CBS, San Francisco: DMV Investigates Uber After Consumer Watchdog report
00:28
Video thumbnail
KFMB CBS 8, San Diego: Amazon Prime Day Deals? Consumer Watchdog Says Beware
01:58
Video thumbnail
Asking about I AM JANE DOE at Google Shareholder Meeting
03:33
Video thumbnail
KNBC Los Angeles: Liza Tucker weighs in on regulators' failure to test camp for toxic waste
06:42
Video thumbnail
KNBC Los Angeles: Consumer Watchdog shows how Google helped fund defense of Backpage
01:58
Video thumbnail
KIRO CBS 7, Seattle, WA: Consumer Watchdog: Amazon Uses Fake "List Prices" to Trick Consumers
00:44
Video thumbnail
"I Am Jane Doe" introduction
01:42
Video thumbnail
WZZM ABC, Grand Rapids, MI: New Bill Would Put Driverless Cars In Legal Limbo Says Consumer Watchdog
00:34

Latest Privacy Releases

Privacy In The News

Latest Privacy Report

Support Consumer Watchdog

Subscribe to our newsletter

To be updated with all the latest news, press releases and special reports.

More Privacy Releases