FTC Approves Modified Final Order for Bi-Lo

The Federal Trade Commission has approved a modified final order settling charges that grocery store operator Bi-Lo Holdings, LLC’s $265 million acquisition of 154 stores from Delhaize America would harm competition in markets in Florida, Georgia, and South Carolina. Bi-Lo Holdings is the parent of the BI-LO, Harvey’s, and Winn Dixie grocery store chains.

Under the proposed settlement reached in 2014, the Commission required the merged Bi-Lo/Delhaize to sell 12 of the Delhaize stores to buyers identified in the proposed order. One of the upfront buyers, Rowe’s IGA, subsequently withdrew its commitment to purchase four Sweetbay stores located in Arcadia, Dunnellon, Lake Placid, and Wauchula, Florida, requiring Bi-Lo to continue and expand its efforts to identify an alternative buyer or buyers for those stores.  Despite investing substantial time and effort, Bi-Lo has been unable to find buyers for three of those stores. Accordingly, the Commission has issued its modified final order which:

• no longer requires Bi-Lo/Delhaize to divest the four Sweetbay stores to Rowe’s IGA; and
• requires Bi-Lo/Delhaize to divest the store in Wauchula to Sunripe Market within 30 days of the Modified Order becoming final.

The Commission vote to approve the modified final order was 4-0-1, with Commissioner McSweeny not participating. (FTC File No. C4440; Docket No. 575824; the staff contact is Paul Frangie, Bureau of Competition, 202-326-2697.)

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{at}ftc{dot}gov, or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 600 Pennsylvania Ave., NW, Room CC-5422, Washington, DC 20580. To learn more about the Bureau of Competition, read Competition Counts. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.