Announced Actions for May 9, 1996

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The Federal Trade Commission today announced the following actions. The FTC staff contact is Dan Ducore, 202-326-2526.

Petitions to reopen and modify FTC orders: The FTC has received a petition from the following entity. The Commission is seeking public comments on it for 10 days, until May 20.

Red Apple Companies, Inc., John A. Catsimatidis, Supermarket Acquisition Corp., and Designcraft Industries, Inc. (which does business as Sloan’s Supermarkets, Inc.), have refiled a petition originally filed March 5, requesting that the FTC reopen and modify a 1995 consent order to end their obligation to divest five Manhattan supermarkets. Alternatively, the respondents have asked the FTC to rule that their sale of six stores to Rite Aid satisfies the divestiture requirements. Red Apple signed the 1995 consent order to settle charges that its acquisition of several Sloan’s supermarkets between 1991 and 1993 violated antitrust laws, and the requirements to divest six stores that are included in the order are designed to restore competition allegedly injured by the acquisitions in four Manhattan neighborhoods. The respondents maintain in their petition that the sale of supermarkets located at 280 8th Avenue and at 188 9th Avenue to Rite Aid should satisfy part of the divestiture requirement and that the other four divestiture requirements should be dropped because the respondents have been unable to find supermarket operators that want to run the stores and because new competitors have entered the markets. Alternatively, respondents assert, the sales of supermarkets to Rite Aid should satisfy the remaining divestiture requirements. The refiled petition supplements materials previously submitted supporting their request.

See March 3, 1995 news release regarding the consent order; Docket No. 9266; Commission vote to shorten the comment period from 30 days was 5-0.)

Comments on the petition should be addressed to the FTC, Office of the Secretary, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580. Copies of the documents referenced above are available from the FTC’s Public Reference Branch, Room 130, at the same address; 202-326-2222; TTY for the hearing impaired 1-866-653-4261. To find out the latest news as it is announced, call the FTC NewsPhone recording at 202-326-2710. FTC news releases and other materials also are available on the Internet at the FTC’s World Wide Web site at:

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