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
I believe that Tops should be made to sell the Penn Traffic stores. Tops consistently builds or buys stores that give it an unfair advantage in the market. Their prices are generally higher than the two other major and two discount supermarkets that are close to my home. The problem is that Tops likes to locate its stores where people have to pass one of their stores to get to a lower-priced store. Unfortunately, many people take advantage of the convenience factor in this and end up paying Tops' higher prices. Too much of the competition is being eliminated by Tops, so I believe it should have to sell the stores as your agency is proposing. Thank you.