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
In light of a historically terrible economy, Tops Markets was the only sound investor that commited to purchase this failing company in it's entirety, the good stores and the bad, providing the greatest economic outcome for the communites and employees involved. The other sound offers to purchase were by investers only interested in skimming the "cream" and leaving the rest to fail. For the FTC to step in after the fact and penalize the purchaser, whom provided the most "sound outcome" for the majority of lives involved, appears "criminal" unto itself. Please reconsider your decision to penalize this company for stepping forward with a solution that saved the livelihood of so many Americans, and embrace TOPS Markets gallant effort to return stabilty to a struggling economy. Anything else would be un-American.