Daily Kos

Whole Foods Markets wants to rip you off.

Wed Aug 15, 2007 at 12:25:34 PM PDT

Spare me the jokes about how Whole Foods rips everybody off who shops there, OK?  My guess is that a lot of Whole Foods customers read this site and will want to read this story.  It's adapted from a post at our Wal-Mart blog, the Writing on the Wal.

As I've explained before, Whole Foods Markets wants to take over its competitor, Wild Oats.  The Federal Trade Commission is trying to stop it.  I happen to be a Whole Foods shopper, and while I don't like paying their almost-universally high prices, their argument for the merger made sense to me.  Here's Whole Foods CEO John Mackey, before his lawyers demanded that he stop blogging:

The FTC is failing to recognize how quickly the competition in the supermarket industry is evolving. Whole Foods doesn't merely compete with other natural foods supermarket companies such as Wild Oats, but also with natural foods discount chain Trader Joe's, upscale perishable supermarkets such as Wegman's and Central Market, new supermarket created natural foods stores such as Green Wise by Publix and Sunflower by SuperValu, over 200 food co-ops around the United States, remodeled upscale supermarket stores such as Safeway's Lifestyle stores and HEB's Platinum stores, Sprouts, thousands of local farmers' markets, and thousands and thousands of supermarkets selling natural and organic foods, and most recently Wal-Mart. Soon Tesco, one of the largest retailers in the world will be opening hundreds of stores in western United States-stores which are rumored will compete with Trader Joe's and Whole Foods. Indeed, Whole Foods faces more competition today than ever before in our entire history! The FTC needs to get out of Washington D.C. once in a while and look around at what is happening out in the real marketplace. Actually if they'll just get out of their offices in D.C. and go look at Wegman's, Trader Joe's, and Safeway Lifestyle stores they'll see how dynamic and rapidly evolving the food retailing market is today.

It turns out that none of that is true.  From Business Week:

Federal regulators filed court documents Tuesday outlining concerns that stores in competitive markets would close and consumers would face higher prices if Whole Foods Market Inc.'s $565 million purchase of Wild Oats Markets Inc. is completed.

The Federal Trade Commission documents revealed that Whole Foods plans to close 30 or more Wild Oats stores, a move that the company believes would nearly double revenue for some Whole Foods stores.

It's actually much worse when you get into the details.  Here are two extremely damning insights from the Business Week report:

-- Company documents labeled "Project Goldmine" predicted that buying Wild Oats and shutting down certain stores would increase revenue 85 percent to 90 percent at nearby Whole Foods stores.

-- The takeover will send as many as 80 percent to 90 percent of Wild Oats shoppers to Whole Foods stores, according to Whole Foods documents cited by the government. "As a result, they will unambiguously be worse off," because of increased prices, the FTC argued.

In other words, that whole argument about changing food choices was a big fat lie.  There are two markets for groceries in this country.  People who are willing to pay more for decent food, and people who aren't (or, more likely, can't).  Whole Foods' plan is to gouge those of us who care about what we eat and can afford it the best they can, knowing that once you've had the good stuff, you won't go back.

That's what makes this point from the FTC filing all the more strange [You just knew I'd get around to Wal-Mart before too long]:

Whole Foods set "ground rules" barring suppliers from selling directly to Wal-Mart. "It wants Wal-Mart to have to go through distributors because that raises Wal-Mart's costs," the document said.

That explains why Wal-Mart's organic food selection is so pathetic.  The people who sell this stuff won't cross the chain that controls access to their best customers.  The thing is, knowing that the 80-90 percent of Wild Oats shoppers would go to Whole Foods means that most wouldn't be going to Wal-Mart.  Indeed, people who really care about food wouldn't be caught dead in a Wal-Mart because they can usually afford not be price sensitive and Wal-Mart offers them nothing else but.  So why do this?

Not only should those "ground rules" end any chance of a Whole Foods Wild Oats merger, it really ought to send someone to jail.  Can you say RICO?  What right does Whole Foods have to tell anybody who they can sell to?

The funny thing is that appears that the FTC didn't even mean to release those merger documents yesterday.  They were just going to sit on the proof and let these monopolistic ground rules stand.  Even when the Bush Administration does the right thing they manage to screw it up.  Unbelievable.

JR

Tags: Whole Foods, Wal-Mart, Federal Trade Commission, Regulations, antitrust (all tags) :: Previous Tag Versions

Permalink | 64 comments

  •  This is too funny: (7+ / 0-)

    The FTC needs to get out of Washington D.C. once in a while and look around at what is happening out in the real marketplace.

    Washington D.C. is, as far as I'm concerned, a "real marketplace." The grocery availability there is beyond terrible.

    Daily Kos used to be worthwhile.

    by andgarden on Wed Aug 15, 2007 at 12:27:45 PM PDT

    •  Beyond terrible - really? I'm in the DC area. (1+ / 0-)

      Recommended by:
      object16

      We have the usual crap-tastic stores like Giant and Safeway and Food Lion, and the occasional Whole Foods, but we've been seeing an influx of Harris Teeter, Trader Joe's, and Wegmann's (which blows everyone else out of the water).

      I'm moving back to Chicago in a couple of years and I'm actually going to miss Wegmann's and Harris Teeter.

      "When the President does it, it's not illegal" - Richard Nixon, 1974; US Congress, 2008

      by nightsweat on Wed Aug 15, 2007 at 12:32:50 PM PDT

      [ Parent ]

    •  Sutton Place Gourmet (0+ / 0-)

      When I lived in MD in 1995-97, the ultimate place to go for exotic grub was Sutton Place Gourmet, with about 3 stores in the DC area.  The place was always full of international beautiful people.  Made Whole Paycheck look like a low-end bargain store.

      Then there's  Bread and Excess, the Boston chain.

  •  Taste of own medicine? (8+ / 0-)

    "Indeed, people who really care about food wouldn't be caught dead in a Wal-Mart because they can usually afford not be price sensitive and Wal-Mart offers them nothing else but.  So why do this?"

    Maybe to give WalMart a taste of its own medicine? It dictates to suppliers all the time, right?

    That said, Farmers' Markets are the way to go to get good food that hasn't been (figuratively) soaked in petroleum in transport and packaging.

    How we know Daffy Duck is Republican: "It's mine, understand? Mine, all mine! Get back down there! Down down down! Go go go! Mine mine mine! Mwahahaha!" --BiPM

    by rhetoricus on Wed Aug 15, 2007 at 12:37:26 PM PDT

    •  Not like this. (2+ / 0-)

      Recommended by:
      Dump Terry McAuliffe, MKinTN

      Wal-Mart dictates to suppliers on price.  Whole Foods Markets is saying you can't sell to Wal-Mart, period.

      Trust me, my Wal-Mart-hating credentials are rock-solid, but this is much worse.

      JR

      •  Actually, they do require exclusives (7+ / 0-)

        Wal-Mart had a many month exclusive with Disney for Kim Possible merchandise for a six month period, and they demand products from their vendors that are unprofitable or they'll drop the whole line. I'm thinking of the infamous giant jar of pickles. Because there's no margin to the products, they end up as effectively Wal-Mart exclusives.

        It's not exactly the same, but it's similar.

        "When the President does it, it's not illegal" - Richard Nixon, 1974; US Congress, 2008

        by nightsweat on Wed Aug 15, 2007 at 12:58:00 PM PDT

        [ Parent ]

      •  They forced Coca-Cola (0+ / 0-)

        to create Coke Zero instead of putting Splenda in Diet Coke. (Not that I feel bad for Coca Cola of course).

        WalMart dictates on all levels and in all directions, as I understand it.

        How we know Daffy Duck is Republican: "It's mine, understand? Mine, all mine! Get back down there! Down down down! Go go go! Mine mine mine! Mwahahaha!" --BiPM

        by rhetoricus on Wed Aug 15, 2007 at 03:13:12 PM PDT

        [ Parent ]

    •  CSA's (4+ / 0-)

      My wife and I are joining one. We are also planting blueberry bushes in our yard in Baltimore City.

      With a big ol' lie And a flag and a pie And a mom and a bible Most folks are just liable To buy any line Any place, any time ~ FZ

      by f furney on Wed Aug 15, 2007 at 12:56:32 PM PDT

      [ Parent ]

    •  Interesting thing about transport. (1+ / 0-)

      Recommended by:
      Buffalo Girl

      A recent British study found that, if you included the entire amount of petro required to produce and transport a lamb to London, the New Zealand lamb actually took less of a toll.

      This is because, though its transport costs were obviously higher, lambs are so inefficiently raised in Britain that more fertilizer and feed are used per each lamb.

      So the environmental impact does not always lessen with distance.

      The welfare of humanity is always the alibi of tyrants. A. Camus

      by TastyCurry on Wed Aug 15, 2007 at 02:36:30 PM PDT

      [ Parent ]

      •  Sustainable and organic farming/raising (0+ / 0-)

        ..was assumed in my plug for Farmers' Markets. :) I might have clarified that.

        How we know Daffy Duck is Republican: "It's mine, understand? Mine, all mine! Get back down there! Down down down! Go go go! Mine mine mine! Mwahahaha!" --BiPM

        by rhetoricus on Wed Aug 15, 2007 at 03:11:32 PM PDT

        [ Parent ]

        •  No prob. (1+ / 0-)

          Recommended by:
          rhetoricus

          I eat sustainable / organic as much as I can.

          I just found it interesting that, sometimes, the conventional wisdom about the environmental impact of food transport is incorrect.

          (I think part of the issue, as well, is that sheep are raised much more organically in New Zealand as a rule.)

          The welfare of humanity is always the alibi of tyrants. A. Camus

          by TastyCurry on Thu Aug 16, 2007 at 10:08:30 AM PDT

          [ Parent ]

  •  You negleted to address this issue... (16+ / 0-)

    When you pay someone living wage and give them benefits the cost is passed on to the consumer. Whole foods pays a decent wage and offers health insurance for their employees, and opportunities for advancement, which walmart doesn't. I have known many people that work at whole foods in a few different cities and they treat their employees well.The trade off is that it's expensive to shop at Whole foods. People complain quite a bit about the high prices at whole foods, however the neglect to see the trade off. They also give very generous discounts to employees. I certainly feel better about spending my dollars there than at walmart where the employees make squat.

    "Whenever you find yourself on the side of the majority, it is time to pause and reflect." Mark Twain

    by dotdot on Wed Aug 15, 2007 at 12:38:12 PM PDT

    •  It shows, too. (8+ / 0-)

      Customer service at Whole Foods is excellent. It's amazing what good pay, benefits and appreciation can do. Whole Foods employees know their product, treat you well and help you find just what you want.

      I know that the company is anti-union, but I have much less problem with a company saying "We don't want a union, so we treat you well and reduce the temptation" vs. "We don't want a union, so we'll fire you if you talk to one."

      •  True.... (0+ / 0-)

        they even give out quarterly bonuses depending on dept sales and have an optional retirement plan after so many years of service, and offer stock options to workers. I have to say that as far as big bad corporations are concerned, i'd be happy if this one became the industry standard.

        "Whenever you find yourself on the side of the majority, it is time to pause and reflect." Mark Twain

        by dotdot on Wed Aug 15, 2007 at 01:41:20 PM PDT

        [ Parent ]

      •  Whole Foods' employees and their service (0+ / 0-)

        I really like interacting with Whole Foods staffers.  Especially when a butcher goes into the back to satisfy my special requests ("I'll get you a giant pork butt, debone it, and not charge for the bone; how are you going to cook that?"), and how the bread people know everything about their products.

  •  I'm not an economist (8+ / 0-)

    but I've lived long enough to figure out that one company buying out another company is not usually a good thing for the consumer.

    Thanks for this diary.

    •  I loved the wild oats store (2+ / 0-)

      Recommended by:
      HiBob, althea in il

      that used to be walking distance from my house - but it was small and had the world's worst parking lot. It seemed they could've used some capital to upgrade.

      Fry, don't be a hero! It's not covered by our health plan!

      by elfling on Wed Aug 15, 2007 at 01:07:03 PM PDT

      [ Parent ]

    •  senior citizens (2+ / 0-)

      Recommended by:
      bablhous, althea in il

      The Henry's (Wild Oats) store nearest me is one of the smaller ones, but it is less than 3 blocks from several senior citizens apartment towers. Most of the residents don't have cars anymore, but are still mobile enough to make it over to Henry's. Several blocks further from the towers is a full sized Whole Foods, so it's pretty obvious this Henry's is one  that will be closed if the merger goes through. Doubling the amount of money they spend on food isn't really an option for many of these people, so they won't be going over to Whole Foods, so they'll have to find transportation to one of the other supermarkets where they will still spend more money for food of lower quality than they were getting at Henry's.

  •  So Whole Foods (WF) buys Wild Oats (WO) thereby (1+ / 0-)

    Recommended by:
    object16

    getting WO's customers.  Makes great business sense.  Now, how does your post support the supposition that free markets are unduly burdened?  The FTC said higher prices would ensue but Mackey's sockpuppet says the FTC doesn't understand the real market and the growing competition.  Please show where this isn't a netsavy business getting ahead of the curve but a way to unfairly suppress competition.

    The word 'politics' is derived from the word 'poly', meaning 'many', and the word 'ticks', meaning 'blood sucking parasites'. Larry Hardiman

    by Memory Corrupted on Wed Aug 15, 2007 at 12:41:47 PM PDT

    •  The market is the key. (0+ / 0-)

      They know that WO's upscale customers won't go anywhere else yet they argue otherwise.  The FTC defined the market right and can prove it.  The Whole Foods definition is nothing but smoke and mirrors.

      JR

      •  That's certainly false (1+ / 0-)

        Recommended by:
        Magenta

        Hardly anyone I know shops solely at Whole Foods. For some items they are too expensive, and they don't carry other items. It is absolutely true that they have those other competitors.

        If Whole Foods closes Wild Oats stores (and I'm sure they will), they will also probably make their stores more crowded, and increase the distance to their customers. If the store becomes too crowded or too expensive or too inconvenient, people - even people like me - will go elsewhere. I can buy beautiful organic produce at my supermarket, and I do.

        I haven't been in a Whole Foods for 4 years or so, because there are none near me. If there was one, I probably would go back, though if all else were equal, I'd stay with my local coop. On the other hand, Trader Joe's is nearly as far, but I do make the effort to get there whenever I'm in the neighborhood.

        Fry, don't be a hero! It's not covered by our health plan!

        by elfling on Wed Aug 15, 2007 at 01:03:56 PM PDT

        [ Parent ]

      •  Really? (0+ / 0-)

        In some markets (definitely not mine), shoppers can go to Trader Joes, Wegmans and other outlets that cater to the up market set.  While I am not approving of the Whole Foods take here, it seems really clear that many stores are rescaling to take advantage of the very real  (and apparently underserved) market for higher-end groceries.

        Ignorance, allied with power, is the most ferocious enemy justice can have. - James Baldwin

        by cassandra m on Wed Aug 15, 2007 at 01:04:14 PM PDT

        [ Parent ]

    •  Lack of competition creates generic goods. (0+ / 0-)

      Take Whole Foods. I like it, but it's all too much the same in every store.

      Same dishes in the deli. Same this, same that.

      Remember back in the day when you could go to 2 or 3 different non corporate natural grocers and get today's fresh deli dishes (provided of course that you lived in a town that had such things). Yumm. Now it's all Whole Foods formulas. Good but boring.

      Corporations stamp out creativity, individuality, variety. We see it in our horrid music scene, and now this.

      Let Wild Oats not be swallowed up.

      Children in the U.S... detained [against] intl. & domestic standards." --Amnesty International

      by doinaheckuvanutjob on Wed Aug 15, 2007 at 03:25:18 PM PDT

      [ Parent ]

  •  I'm a Trader Joes fan. (5+ / 0-)

    I'll shop at Whole Foods for some items, but much prefer the prices at TJs.  I know that both stores treat their employees well, and that is a consideration.  However, TJs prices are just better.  The exception I make is for produce.  Whole Foods has fantastic produce.

  •  Prices have come down in my local Whole Foods (0+ / 0-)

    I live in Central NJ, and over the last 2 years, prices at Whole Foods have dropped below what other grocery Chains charge for the same products, including the Wegmans down the road, at least for organic.  The Wild Oats is within 2 miles, but this location is much smaller in scale.  There are at least 5 farm markets in the ares, and a CSA.  So I think Whole Food's argument about competition in food is dead on in our area.  They can't raise prices here, they will loose business to Wegmans, Shoprite, and other large chain groceries.
    Whole Foods has also started hosting a farmers market once a week in their parking lot.

    •  Don't assume it is organic (3+ / 0-)

      Recommended by:
      jkb246, stitchmd, Nespolo

      My sister had quite the go-around with the local Whole Foods manager.  People assume everything there is organic and it is NOT.  Not unless it is clearly labeled so.  They could also not even tell her the country of origin of some of their produce.  

      I am lucky to live in an area where I can "subscribe" with a local organic farm and get great organic, locally grown, in season produce delivered nearby for 7 months out of the year.  For what I pay them for a crate a week of loot, I could probably get 2 tomatoes and a cucumber at Whole Foods.  

      I do go to Whole Foods sometimes and they have some great stuff.  Trader Joe's too.  I can't believe Whole Foods would host a farmer's market in their parking lot.  That's really amazing.

      "When people show you who they really are, believe them." - Maya Angelou

      by Pennsylvanian on Wed Aug 15, 2007 at 01:18:05 PM PDT

      [ Parent ]

      •  You are absolutely right (1+ / 0-)

        Recommended by:
        Pennsylvanian

        you have to watch the labels.

        But the Whole Foods in suburban Baltimore is doing the same thing with the farmer's market. I wonder how much they charge for that.

        The subscription idea (CSA?) is great; the only limitation I hear (and I intend to do it next year) is that you get what they are producing, not necessarily what you want. Great if you're a creative cook!

        Civil marriage is a civil right.

        by stitchmd on Wed Aug 15, 2007 at 01:26:32 PM PDT

        [ Parent ]

      •  I work for an organic food service in NJ (0+ / 0-)

        And it surprises many people that most of Whole Foods isn't Organic. It might be natural or conventional produce with a 30% markup.  In that case go to Wegmans. Can't beat there fresh produce.

        •  I was refering only to the organic items (0+ / 0-)

          In fact I don't buy non-organic items from Whole Foods, except when the produce is labeled Jersey Fresh. I even go as far as to avoid buying barely organic labels such as Horizon, as don't usually buy frozen packaged foods.  Also, the bakery at whole foods taste better than Wegmans.

  •  Excessive market power at work (0+ / 0-)

    Whole Foods set "ground rules" barring suppliers from selling directly to Wal-Mart. "It wants Wal-Mart to have to go through distributors because that raises Wal-Mart's costs," the document said.

    The FTC needs to set ground rules on Whole Foods:

    1. In built-up areas, no Whole Foods store within two miles of another
    1. No more than X[five] Whole Foods stores within any Y[eight] mile radius circular area
  •  Whole Foods is also anti-union (1+ / 0-)

    Recommended by:
    FutureNow

    just like Walmart.

    http://www.coopamerica.org/...

    Inconceivable! You keep using that word. I do not think it means what you think it means.

    by hopeful on Wed Aug 15, 2007 at 01:04:52 PM PDT

    •  Wouldn't say that (3+ / 0-)

      Recommended by:
      Magenta, elfling, Rico

      The employees at the store did unionize.  Find me that at any Wal-Mart store.

      Companies generally will resist unionization.  It doesn't mean they are at the level of Wal-Mart.  Also, there are valid reasons that companies resist unionization, just as there are valid reasons that employees seek to unionize.

      Also, Whole Foods is much better generally to their employees from all accounts I've read they Wal-Mart.  Not champions, but certainly not deserving of the Wal-Mart smear, if you ask me.

      "When people show you who they really are, believe them." - Maya Angelou

      by Pennsylvanian on Wed Aug 15, 2007 at 01:31:21 PM PDT

      [ Parent ]

      •  where did they unionize? (0+ / 0-)

        I can find pages with lots of efforts to join commercial workers union but no successes...in fact, they've gone out of their way to try to break any unionization efforts.

        Inconceivable! You keep using that word. I do not think it means what you think it means.

        by hopeful on Wed Aug 15, 2007 at 01:46:22 PM PDT

        [ Parent ]

        •  Um, it was at the link you provided??!!! (0+ / 0-)

          Madison workers successfully unionized in 2002, but before unionization, workers at the Madison store perceived the management’s allotment of promotions and pay raises as subjective: workers with the same seniority frequently found they were earning different amounts.

          "When people show you who they really are, believe them." - Maya Angelou

          by Pennsylvanian on Wed Aug 15, 2007 at 01:50:41 PM PDT

          [ Parent ]

          •  and this was the result (0+ / 0-)

            In August 2004, Whole Foods accepted an NLRB ruling that allowed for continued formal recognition of the union, as well as resolution of some back pay grievances. But it was now nearly a year later, and the company’s steadfast refusal to negotiate seriously with the UFCW had paid off. The single union local in the Whole Foods chain (in a university town with a young, transitory part-time student work force) was barely recognizable as a union. Several weeks later, the NLRB issued another ruling regarding the petition’s misconduct charges, ruling in the company’s favor. The union had now legally ceased to exist at Whole Foods.

            Inconceivable! You keep using that word. I do not think it means what you think it means.

            by hopeful on Wed Aug 15, 2007 at 01:53:35 PM PDT

            [ Parent ]

  •  previous entry on Kos (0+ / 0-)

    Inconceivable! You keep using that word. I do not think it means what you think it means.

    by hopeful on Wed Aug 15, 2007 at 01:07:39 PM PDT

  •  We call it the "Food Hole" at our house. (0+ / 0-)

    But Whole Foods is a lot better than Wild Oats. And a lot more popular, at least in my town.

  •  Chicago (1+ / 0-)

    Recommended by:
    Sandy on Signal

    I live in Chicago and a Whole Foods just opened two blocks from my house.  I have never been to or seen a Wild Oats in my life.  Incidentally, the Whole Foods is attached to the Center on Halsted which is a brand new center for the GLBT community here.  Whole Foods is open directly to the Center and many of those employed at Whole Foods attained their jobs with the Center's assistance.  My experience with Whole Foods is a positive one.  I guess I don't see Whole Foods as a monopoly given I have three grocery stores I can walk to in less than 8 minutes.

  •  New Seasons (2+ / 0-)

    Recommended by:
    mdgarcia, Tyrannocaster

    or your local co-op!

    Netroots Director for Oregon Senate Candidate Jeff Merkley

    by sarahlane on Wed Aug 15, 2007 at 03:02:50 PM PDT

    •  New Seasons (0+ / 0-)

      is too small a chain for most Kos users to even know where one is; it's going to stay small, too, as Stan Amy has rejected buyout bids (like that which bought Natures from him when it went to Wild Oats) because he doesn't believe in the "you must grow constantly forever at a feverish pace" business model.

      It's a great store, but no, I don't work for them. :-)

      •  Ah, the grow, grow, grow business model. (0+ / 0-)

        I'll be honest, I don't understand that. And you could send me to business school, and I still wouldn't understand it. What's the matter with making a nice living selling or producing a good product to a loyal group of customers? Why do you always have to show you've gained 10% of the market share?

        Obvious why I don't have my MBA.

        •  The stock market (0+ / 0-)

          drives that business model. If the stock isn't constantly appreciating the investors don't constantly make more money by buying and selling it. Privately held operations have much less pressure to operate that way but when they are sold they often change, sometimes (maybe even usually) radically.

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