The plaintiff in a civil antitrust lawsuit against Whole Foods Market Inc. has agreed to judgment in favor of the company, following a decision in April by the U.S. Court of Appeals for the D.C. Circuit not to hear an appeal of an order denying class certification.
Ekaterini Kottaras, a California woman, sued Whole Foods in 2008 in U.S. District Court for the District of Columbia, claiming the company's merger with former competitor Wild Oats had led to higher prices. The lawsuit was an offshoot of the Federal Trade Commission's 2007 challenge to the merger, which eventually settled.
U.S. District Judge James Boasberg denied Kottaras’ motion to certify a class in the case in late January. Kottaras filed a petition to appeal, which a three-judge appellate panel denied on April 20. On Friday, Kottaras agreed to an entry of judgment in Whole Foods' favor, meaning she could be on the hook for some of the company's costs. The case docket officially closed yesterday.