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What do Whole Foods, Sirius and Borders have in common?

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What do Whole Foods Market Inc. (NASDAQ: WFMI) and Sirius Satellite Radio Inc. (NASDAQ: SIRI) have in common? What do Wild Oats Markets Inc. (NASDAQ: OATS), Borders Group Inc. (NYSE: BGP) and Google Inc. (NASDAQ: GOOG) have in common? I'll give you a hint -- they all want to merge with some other company in their field. But the mergers are all very different.

Give me a break, one cannot compare the proposed merger between Whole Foods and Wild Oats to that of Sirius and XM Satellite Holdings Inc. (NASDAQ: XMSR). I know many Sirius and XM investors will lash out at me for this, but come on people! Sarah Gilbert made a very good case yesterday why the merger of the trendy food stores doesn't have antitrust issues: "There is a plentiful supply of organic and natural produce and other products available at both small local cooperatives and farmer's markets and large supermarket chains," least of all Wal-Mart Stores Inc. (NYSE: WMT).

Sirius and XM? Now that's a different story altogether. They are the only two satellite radio companies. There are no smaller competitors, or large competitors with a small market share. That's all there is -- Sirius and XM. Sure, the argument that the market includes iPods, internet and HD radios is very creative and may even work, but let's call it what it is -- a desperate attempt by the two companies to get their merger approved. They've even hired a lobbying firm.

Google and DoubleClick? Here I have to admit, despite fearing Google's increasing power and control over data and information, that there shouldn't be antitrust issues. There may need to be other regulations over what Google and other internet companies -- including Microsoft Corp. (NASDAQ:MSFT), Yahoo! Inc. (NASDAQ: YHOO) and Apple Inc. (NASDAQ: AAPL) -- can collect and save, but this has nothing to do with antitrust.

Finally, my favorite industry -- bookstores. Goldman Sachs Group (NYSE: GS) downgraded Borders to Sell from Neutral following the FTC's decision on Whole Foods and Wild Oats. While Borders and rival Barnes & Noble Inc. (NYSE: BKS) haven't agreed on anything yet, the Street was expecting a possible merger. The book superstore industry features two major players, but it isn't without competition and I don't see why there should be resistance to a merger from antitrust regulators.

WSJ blogger Dana Cimilluca also mentions the Chicago Mercantile Exchange Holdings Inc. (NYSE: CME) and the Chicago Board of Trade (NYSE: BOT) merger with possible regulatory problems despite CEO Craig Donohue's confidence.

It will be interesting to see how all this plays out in the final months of the Bush administration.

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Last updated: November 27, 2009: 01:47 PM

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