WASHINGTON - DECEMBER 09:  John Mackey, CEO of Whole Foods, speaks while surrounded by Whole Foods employees during a news conference on Capitol Hill, December 9, 2008 in Washington, DC. Mackey announced a new legal challenge to the Federal Trade Commission's antitrust review of the proposed merger of Whole Foods and Wild Oats. Getty Images logo Getty Images 11 months ago

WASHINGTON - DECEMBER 09: John Mackey, CEO of Whole Foods, speaks while surrounded by Whole Foods employees during a news conference on Capitol Hill, December 9, 2008 in Washington, DC. Mackey announced a new legal challenge to the Federal Trade Commission's antitrust review of the proposed merger of Whole Foods and Wild Oats.