Proposed Consent Agreement In the Matter of Tops Markets LLC, a limited liability company, Morgan Stanley Capital Partners V U.S. Holdco LLC, a limited liability company, and The Penn Traffic Company, a corporation. FTC File No. 101 0074
TOPS Markets should be granted permission to retain its recently purchased P & C supermarket at Clinton Ave. Ext., Cortland, NY (13045). This is the ONLY large supermarket on the northeast side of the city of Cortland. Its closing would create a major gap in grocery shopping service in that area. Everyone in Cortland was relieved when TOPS purchased the former P & C market, and now its possible closing is again a major concern. A Super Walmart is about to open next month close to Price Chopper on the south side of Cortland (Cortlandville) and not far from another TOPS market as well as an Aldi store and other stores, including Super Saver. Instead of recommending closing the second TOPS supermarket, the FTC should not have allowed this Super Walmart (with grocery services) to begin construction in that location. The second TOPS supermarket (Clinton Ave. extension) is NOT in serious competition with the other markets simply because of its location. It is serving an entirely different geographical area. It is the only supermarket near the adjacent town of Homer and the northeastern end of Cortland. Without this second TOPS supermarket, the entire population of Cortland that resides in its northeast region will be forced to drive approximately 5 miles through stop & go winding traffic to get to the other supermarkets in Cortlandville. We already have traffic congestion problems funneling along the Rt. 281 corridor and definitely need to have grocery service on Clinton Ave. Ext. In addition, the Clinton Ave. Tops is located at an Interstate 81 Exit and provides needed services to travelers. These travelers would have to wind all through the City of Cortland in order to access grocery products should the FTC decide to close this site. Please do not force TOPS to close its recently acquired Clinton Ave. Ext. supermarket. It provides essential grocery shopping service to thousands of residents! Although the address of this second TOPS supermarket is Cortland, this area of the city is so far removed geographically from the Cortlandville supermarkets, that it really should be considered as another address so as to recognize the significant travel distance between the two TOPS supermarkets.