Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Wednesday, January 9, 2008

Supermarket Mergers Update

Posted by D. Daniel Sokol

This week the FTC voted 5-0 for the final consent order in Great Atlantic & Pacific Tea Company (A&P)/Pathmark Stores.  Between this and Whole Foods/Wild Oats, we have a better sense of what to think about US supermarket mergers.  I also enjoyed the recent piece by Deborah L. Feinstein and Michael B. Bernstein (of law firm Arnold and Porter- ie, the other A&P) All Over the Map: Grocery Store Enforcement from Von's to Whole Foods in the most recent issue of Antitrust Magazine.

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I also enjoyed the pre-Pathmark article, especially the descriptive title. After Pathmark II, however, I think practitioners have less sense of what to expect.

In fact, I was disappointed and surprised that the FTC did not publish a statement in approving A&P/Pathmark like they did when they cleared Kroger/Raleys in 2002. In doing so they could have clarified their new thinking on efficiencies, clean sweep, etc.

Posted by: George Paul | Jan 9, 2008 1:54:57 PM

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