FTC Seeks Public Comments on Trustee’s Proposal in Tops Markets Matter

Tops Markets to Sell Former Penn Traffic Supermarket in Bath, New York to Save-A-Lot

The Federal Trade Commission is seeking public comments on an application filed by the Divestiture Trustee in the Tops Markets matter seeking approval to sell one former Penn Traffic supermarket to Moran Foods, Inc., d/b/a Save-A-Lot, Ltd., a wholly owned subsidiary of SuperValu. Pursuant to an FTC order settling charges that Tops Markets’ January 2010 acquisition of the bankrupt Penn Traffic Company supermarket chain would be anticompetitive, the Commission appointed The Food Partners as the Trustee to sell certain former Penn Traffic supermarkets.

In its application to the FTC, the Trustee proposes to sell the former Penn Traffic supermarket located at 404 West Morris Street in Bath, New York, to Save-A-Lot. The Bath supermarket must be sold by December 27, 2011, to comply with the Commission’s order.

The FTC is accepting public comments on the Trustee’s application until December 19, 2011, after which it will decide whether to approve the sale. Written comments should be sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. Comments can be filed electronically on the FTC’s website. Copies of the application also can be found on the FTC’s website and as a link to this press release. (FTC File No. 101-0074, Docket No. C-4295; the staff contact is Elizabeth A. Piotrowski, Bureau of Competition, 202-326-2623; see press release dated August 4, 2010.) The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action.

To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to antitrust@ftc.gov, or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 601 New Jersey Ave., Room 7117, Washington, DC 20580. To learn more about the Bureau of Competition, read Competition Counts.

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(FYI 46.2011.wpd)

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