White Wave, Boulder, CO, says it will appeal the dismissal of its federal lawsuit seeking to block the acquisition of Dean Foods Co., Franklin Park, Il, by Suiza Foods Corp., Dallas.

White Wave manufactures the Silk brand of soy milk, and Suiza is a direct competitor with its Sun Soy brand. As a Dean subsidiary owns 36 percent of White Wave's privately held common stock, this manufacturer fears that Suiza will gain effective control over its business, if the deal goes through.

A U.S. District Court dismissed White Wave's case, claiming that the company had not sought adequate protection when it allied itself with the Dean subsidiary in 1999.

Meanwhile, the Antitrust Division of the U.S. Justice Department has approved the Suiva/Dean deal, providing that the companies sell 11 of their U.S. dairy plants. Completion of the deal will create a $10-billion dairy giant.


More from our partners