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Why is the WSJ defending Mr. Mackey?

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Carrying on in its heralded tradition of misguided editorials, The Wall Street Journal (subscription required) published a real doozie today. According to the piece:


    Reading about the covert blogging of Whole Foods CEO John Mackey, we were reminded of a New Yorker Cartoon from some years ago featuring two mutts and a computer. "On the internet," one says to the other, "nobody knows you're a dog."

    Apparently U.S. financial regulators don't get the joke. They're responding to Mr. Mackey's anonymous blogging by treating him like a dog -- or more precisely a potential violator of U.S. securities laws, with the bonus goal of scuttling Mr. Mackey's attempted purchase of Whole Foods competitor Wild Oats. The SEC is leaking (as usual) that it has opened an "informal" enforcement probe. Sure, "informal."

As Gary Weiss pointed out, the issue wasn't his blogging, which he didn't do anonymously. He was caught posting on Yahoo!'s message board for Whole Foods (NASDAQ: WFMI) without identifying himself. And his posts appear to have been pretty misleading: He talked down competitor Wild Oats (NASDAQ: OATS) while his company was pursuing its acquisition. It has also been reported that Mackey made predictions about the future stock price of Whole Foods, which is completely inappropriate.

The issue here is that Mackey's posts seem to fly in the face of Regulation FD and in defending him, the Wall Street Journal (or more specifically, its editorial page editors) is taking on that regulation. Shame on them.

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Last updated: November 25, 2009: 11:09 AM

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