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 think that your policy of having no more than 3 supermarkets within a 10 to 15 mile radius fails to account for a number of demographic facts. Cortland County is a rural county and many of its residents are poor. When Tops closed the P&C store on Homer Avenue it left a great number of residents without anywhere to go. Subsequently, a Dollar General Store added some rows of groceries to take advantage of the demand. Certainly, prices there are greater than they would be in a grocery store but people who have no other transportation but to walk had no other alternative. With the closure of the remaining P&C you are leaving the entire north end of this community without a convenient grocery store. The P&C currently in operation is not only a needed location for those of us who live on the north end of town but for those communities south of Cortland who access the existing P&C via interstate 81. The people of Marathon have recently had their only grocery store close. There a local hardware store has put in a few aisles of groceries to try and meet the community's needs. Cortland County is a poor, rural community where many residents do not have access to personal vehicles or public transportation and it is unreasonable to try and put an arbitrary ruling on us. The P&C does not compete with any other store including the TOPS on the southern end of town. People at the north end of town need a store that is convenient and within walking distance to the number of shoppers who have no other means of transportion. Maybe you should come up here and see for yourselves. What company do you think is going to come into our community to service the northend?