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MERGER ANTITRUST LAW Albertsons/Safeway Case Study
MERGER ANTITRUST LAW Albertsons/Safeway Case Study Fall 2020 Georgetown University Law Center Professor Dale Collins ALBERTSONS/SAFEWAY CASE STUDY Table of Contents The deal Safeway Inc. and AB Albertsons LLC, Press Release, Safeway and Albertsons Announce Definitive Merger Agreement (Mar. 6, 2014) .............. 4 The FTC settlement Fed. Trade Comm’n, FTC Requires Albertsons and Safeway to Sell 168 Stores as a Condition of Merger (Jan. 27, 2015) .................................... 11 Complaint, In re Cerberus Institutional Partners V, L.P., No. C-4504 (F.T.C. filed Jan. 27, 2015) (challenging Albertsons/Safeway) .................... 13 Agreement Containing Consent Order (Jan. 27, 2015) ................................. 24 Decision and Order (Jan. 27, 2015) (redacted public version) ...................... 32 Order To Maintain Assets (Jan. 27, 2015) (redacted public version) ............ 49 Analysis of Agreement Containing Consent Orders To Aid Public Comment (Nov. 15, 2012) ........................................................... 56 The Washington state settlement Complaint, Washington v. Cerberus Institutional Partners V, L.P., No. 2:15-cv-00147 (W.D. Wash. filed Jan. 30, 2015) ................................... 69 Agreed Motion for Endorsement of Consent Decree (Jan. 30, 2015) ........... 81 [Proposed] Consent Decree (Jan. 30, 2015) ............................................ 84 Exhibit A. FTC Order to Maintain Assets (omitted) ............................. 100 Exhibit B. FTC Order and Decision (omitted) ..................................... -
United Supermarkets Takes a Fresh Approach to Online Grocery Fulfillment with Thryveai
United Supermarkets Takes a Fresh Approach to Online Grocery Fulfillment with ThryveAI United Supermarkets is a North American supermarket grocery store chain headquartered in Lubbock, Texas. Its first store opened in 1916, and it has since grown to include 95 stores in 30 Texas cities. In 2013, United Supermarkets was acquired by Albertsons, the second-largest supermarket chain in North America. 95 18,000+ Pick Rate: Stores Team Members 150 Units/Hour United Supermarkets’ Digital Transformation Journey In 2016, United Supermarkets had a list building solution for shoppers to plan their grocery lists, and shoppers could not order groceries online. They were seeking an in-house digital commerce solution that could provide complete control over the customer experience and drive costs out of their operations with efficient order fulfillment. United Supermarkets selected the industry-optimized ThryveAI platform in order to offer an exceptional click and collect experience for shoppers while maximizing margins and maintaining ownership over their customer data and customer loyalty. Upon the successful implementation of Thryve Commerce, they launched a pilot program with Thryve Fulfillment at four stores before rolling out the picking application to 55 locations to expand their pick-up and delivery services. Their team engaged with the ThryveAI consulting team to prepare for their anticipated rapid growth, including what it would take to scale a single location to 1,050-1,400 orders per week. In 2019, they elected to upgrade to the latest version -
Attachment a IIAS Standards Interest Group Participating Merchants for 2008
Attachment A IIAS Standards Interest Group Participating Merchants for 2008 Section 1 – Retailers Planning IIAS Standards Interest Group Support by January 1, 2008 Retailer Date Retailer Date ACME - SuperValu 12/1/2007 Longs Drug Stores 1/1/2008 Albertson’s – SuperValu 12/1/2007 Lucky – SuperValu 12/1/2007 A&P Supermarkets 1/1/2008 Macey’s 10/1/2007 Bigg’s – SuperValu 12/1/2007 Meijer 11/19/2007 Big Y Foods 1/1/2008 OSCO – SuperValu 12/1/2007 Brookshires 1/1/2008 Pak’ n Save Foods 1/1/2008 Buehler Food Markets 12/15/2007 Pathmark Stores 12/15/2007 Carrs 1/1/2008 Pavilions 1/1/2008 Cubs – SuperValu 12/1/2007 Price Chopper Supermarkets 1/1/2008 CVS Pharmacy 1/1/2008 Randalls 1/1/2008 Dan’s 10/1/2007 Rosauers/Super 1 Pharmacies 1/1/2008 Dick’s 10/1/2007 Roundy’s 1/1/2008 Dierbergs 1/1/2008 Safeway 1/1/2008 Discount Drug Mart 12/1/2007 Sam’s Club 1/1/2008 Dominick’s 1/1/2008 Sav-A-Center 1/1/2008 Farm Fresh – SuperValu 12/1/2007 Shaws – SuperValu 12/1/2007 Food Basics 1/1/2008 Shop & Save - SuperValu 12/1/2007 Genuardi’s 1/1/2008 ShopKo Stores/ShopKo Express 11/15/2007 Giant Eagle 12/1/2007 Shoppers – SuperValu 12/1/2007 Giant Food 12/31/2007 Star Market – SuperValu 12/1/2007 Hannaford Food and Drug 1/1/2008 Stop & Shop Supermarket Company 12/31/2007 Harris Teeter, Inc 1/1/2008 Super 1 Foods 1/1/2008 H-E-B 1/1/2008 SuperFresh 1/1/2008 Hen House Markets 1/1/2008 Sunflower- SuperValu 12/1/2007 Hornbachers – SuperValu 12/1/2007 Sweetbay Supermarkets 1/1/2008 Hy-Vee Drug Stores 1/1/2008 Target Stores 10/1/2007 Hy-Vee Food Stores 1/1/2008 Tom Thumb 1/1/2008 Jewel – SuperValu 12/1/2007 Vons 1/1/2008 Kerr Drug 1/1/2008 Waldbaum’s 1/1/2008 Kroger 10/1/2007 Wal-Mart Stores 1/1/2008 Lin’s 10/1/2007 Section 2 – Retailers Planning IIAS Standards Interest Group Support during 2008 Retailer Date Retailer Date Duane Reade ¹ 3/31/2008 United Supermarkets ¹ 4/1/2008 Fagen Pharmacy ¹ Q1 2008 Walgreen Co. -
Company Profile
COMPANY PROFILE Market Position and Strategy Overview Albertsons and Safeway completed a merger on January 30, 2015, forming a combined company that is the 2nd largest supermarket chain in the U.S. The Albertsons network now spans over 2,300 stores across 35 states and the District of Columbia under 20 well-known banners including Albertsons, Safeway, Vons, Jewel-Osco, Shaw’s, Acme, Tom Thumb, Randalls, United Supermarkets, Pavilions, Star Market, Amigos and Carrs, as well as meal kit company Plated based in New York City. Together, the retailers net upwards of $59.9 billion in sales yearly and employ 273,000 people. Albertsons is backed by private equity firm Cerberus Capital Management, and is one of the two most active acquirers in the U.S. grocery industry along with The Kroger Co. Post-merger, Albertsons and Safeway created a single, merged management team to better compete against segment leader Kroger and discount rivals such as Walmart. It’s divided into 14 retail divisions, with headquarters based in Phoenix, Boise, ID, and Pleasanton, CA. While division- level leadership is largely responsible for its own sales and profitability, the corporate team serves to deepen relationships with national vendors, set long term strategy and provide data insights to individual chains. The decentralized structure allows the company to combine the local presence of its banners (many of which have long-running operations) with its national scale in order to drive brand recognition, customer loyalty and purchasing, marketing and advertising, and distribution efficiencies. In June 2016, the joint company completed the acquisition of Bellingham, WA-based Haggen, which was facing bankruptcy at the time. -
Food Testing Methods for Website
Toxic Secret s Pesticides uncovered in store brand cereal, applesauce, beans and produce METHODS This project is a collaborative effort of environmental, farmer, farmworker, consumer and beekeeper groups across the country. The following organizations submitted food samples: Beyond Toxics, CATA-El Comite de Apoyo a Los Trabajadores Agricolas, Ecology Center, Environment Texas, Emory University Turner Environmental Law Clinic, Friends of the Earth, Grassroots Environmental Education, Maryland Pesticide Education Network, Northwest Center for Alternatives to Pesticides, Ohio Ecological Food and Farm Association, People and Pollinators Action Network, Pesticide Action Network North America, Toxics Action Center and Toxic Free North Carolina. Retailers and locations Together, we shopped at 30 different stores in 15 states and we tested 132 samples of five different foods: apples, applesauce, spinach, oat cereal and pinto beans. We shopped at Walmart, Kroger, Costco and Albertsons/Safeway and their subsidiaries and we purchased house brand foods whenever possible. We only purchased non-organic (i.e., conventional) products. Samples were analyzed at Health Research Institute Laboratories. Oat cereal and pinto bean samples were tested for glyphosate. Apples, applesauce and spinach samples were tested for neonicotinoids. Retailer Where we shopped Subsidiaries Walmart GA, MD, MI, OH, PA, MA, NY, MN Kroger GA, MI, NC, OH, OR, CO, VA • Baker’s Supermarkets • City Market • Dillons Food Store • Fry’s Food and Drug • Gerbes Super Markets • Harris Teeter -
Immediate Release
Immediate Release Contacts: Sara Osborne, Director of External Affairs: 425-201-6475 / [email protected] Tairsa Worman, Public Affairs, Communications Manager: 425-201-6425 / [email protected] Safeway & Albertsons is immediately hiring in-store employees & delivery drivers In order to best serve the increasing needs of our communities throughout the Puget Sound region, Safeway and Albertsons are hiring both for in-store employees and delivery drivers. There are more than 2,000 immediate openings at Safeway and Albertsons stores across Western Washington. Choose from opportunities throughout our stores from our deli, meat, bakery, produce, fuel stations and customer service departments, or work on our Front End team as a cashier or courtesy clerk. In-store employees receive: • Paid Training • Flexible scheduling • Employee Discounts at both Safeway & Albertsons • All employees are eligible receive significant benefits and paid vacation/holidays per our union contract Safeway and Albertsons are also now hiring for full-time & part-time delivery drivers as well as personal shoppers, with the following benefits: • Paid Training (*No commercial driver’s license is required) • Flexible scheduling • Multiple locations available in the Puget Sound region • Independent work environment • Employee Discounts at both Safeway & Albertsons • All employees are eligible to receive significant benefits, pension and paid vacation/holidays per our union contract Apply online at: www.careersatsafeway.com https://www.albertsonscompanies.com/careers/albertsons-careers.html OR inquire with the Store Director at your local Safeway or Albertsons. The Safeway Albertsons Seattle Division is an equal opportunity employer and currently operates 222 stores in the State of Washington, Northern Idaho and Alaska and we hope you will become part of our expanding team! About Albertsons Companies The Safeway Albertsons Seattle Division is locally great and nationally strong, Albertsons Companies is one of the largest food and drug retailers in the United States. -
Analysis of Proposed Consent Order to Aid Public Comment
ANALYSIS OF AGREEMENT CONTAINING CONSENT ORDER TO AID PUBLIC COMMENT In the Matter of Cerberus Institutional Partners V, L.P., AB Acquisition, LLC, and Safeway Inc. File No. 141 0108 I. INTRODUCTION AND BACKGROUND The Federal Trade Commission (“Commission”) has accepted for public comment, subject to final approval, an Agreement Containing Consent Order (“Consent Order”) from Cerberus Institutional Partners V, L.P. (“Cerberus”), its wholly owned subsidiary, AB Acquisition, LLC (“Albertson’s”), and Safeway Inc. (“Safeway”) (collectively, the “Respondents”). On March 6, 2014, Albertson’s and Safeway entered into a merger agreement whereby Albertson’s agreed to purchase 100% of the equity of Safeway for approximately $9.2 billion (the “Acquisition”). The purpose of the proposed Consent Order is to remedy the anticompetitive effects that otherwise would result from the Acquisition. Under the terms of the proposed Consent Order, Respondents are required to divest 168 stores and related assets in 130 local supermarket geographic markets (collectively, the “relevant markets”) in eight states to four Commission-approved buyers. The divestitures must be completed within a time-period ranging from 60 to 150 days following the date of the Acquisition. Finally, the Commission and Respondents have agreed to an Order to Maintain Assets that requires Respondents to operate and maintain each divestiture store in the normal course of business, through the date the store is ultimately divested to a buyer. The proposed Consent Order has been placed on the public record for 30 days to solicit comments from interested persons. Comments received during this period will become part of the public record. -
Your Benefits Card Merchant List
Your Benefits Card Merchant List ¾ Use your benefits card at these stores that can identify FSA/HRA eligible expenses. ¾ Check the list to find your store before you order prescriptions or shop for over-the- counter (OTC) items. ¾ Swipe your benefits card first and only your FSA/HRA eligible purchases will be deducted from your account. ¾ You won’t have to submit receipts to verify purchases from these stores, but you should still save your receipts for easy reference. ¾ Merchants have the option of accepting MasterCard and/or Visa for payment. Before making a purchase with your benefits card, please make sure you know which cards are accepted. Ist America Prescription Drugs* Albertville Discount Pharmacy* AmiCare Pharmacy Inc* 3C Healthcare Inc, dba Medicap Alden Pharmacy* Anderson and Haile Drug Store* Pharmacy* Alert Pharmacy Services-Mt Anderson County Discount 50 Plus Pharmacy* Holly* Pharmacy* A & P* Alexandria Drugs Inc* Anderson Drug-Athens TX* Aasen Drug* Alfor’s Pharmacy* Anderson Pharmacy-Denver PA Abeldt’s Gaslight Pharmacy* Allcare Pharmacy* Anderson Pharmacy/John M* ACME * Allen Drug* Anderson’s Pharmacy* Acres Market (UT) * Allen’s Discount Pharmacy* Andrews Pharmacy* Acton Pharmacy Allen Family Drug* Anthony Brown Pharmacy Inc* Adams Pharmacy* Allen’s Foodmart* Antwerp Pharmacy* Adams Pharmacy Inc* Allen’s of Hastings, Inc.* Apotek Inc. Adams Pharmacy and Home Allen's Super Save #1 Provo Apotek Pharmacy* Care* UT* Apoteka Compounding LLC* Adamsville Pharmacy* Allen's Super Save #2 Orem UT* Apothecare Pharmacy* Adrien Pharmacy* -
Catamaran Pharmacy Network
catamaran pharmacy network The Catamaran™ pharmacy network includes many national chain pharmacies as listed below. Many independent pharmacies are also included in the network. Visit mycatamaranRx.com for a comprehensive listing of network pharmacies or call member services with the phone number located on your pharmacy ID card. A H Mays Rite Aid Pharmacies A&P H & H Drug Stores Med-Fast Pharmacy Ritzman Pharmcies, Inc. Accredo Health H.E. Butt Grocery Company Medfusion Rx LLC Roundys Pharmacies Acme Pharmacy Haggen Food & Pharmacy Medicine Centers of Atlanta Rx Care Plus Pharmacies Ahold, Inc. Hannaford Medicine Chest Pharmacies Rx Discount Pharmacy Inc Alegent Retail Pharmacies Harps Food Stores, Inc. Medicine Shoppe Rx Plus Pharmacies Astrup Drug Inc Harris Teeter, Inc. Meijer Pharmacy Aurora Pharmacy, Inc. Hartig USA Drug Stores Minyard Pharmacy S Safeway Pharmacies Heartland Pharmacy Inc. MK Stores Sam's Club B Hi-School Pharmacy, Inc. Moore & King Save Mart Supermarkets Bartell Drug Company Homeland Stores, Inc. Sav-Mor Drug Stores Buehler's Food Markets Horton and Converse N Navarro Discount Pharmacies Shaws Pharmacy Big Y Foods Inc Pharmacies Schnuck Markets, Inc. Bi-Lo Hy-Vee, Inc. Bi-Mart Corporation O Seip Drug Stores Option Care Enterprises Inc Brookshire Brothers Food & I Shopko Stores, Inc. Pharmacy Ingles Markets, Inc. P ShopRite Snyder Drug Stores Brookshire's Pamida Pharmacy J Southern Family Markets Pathmark Stores C Jordan Drug Stoner Drug Co Payless Drug LTC Pharmacy Carle RX Express Stop N' Shop Peoples Pharmacy Costco K SuperValu Pharmacard Pharmacy CVS Corporation K Mart Corporation Super D Drugs Kash N Karry Pharmacy Business D Kelsey-Seybold Associates T Dahl's Food Pharmacy Division Pharmacy Express Target Corporation Dierbergs Markets, Inc. -
Supermarkets & Grocery Stores in the US
WWW.IBISWORLD.COM Supermarkets & Grocery Stores in the US April 2019 1 Shop smart: Increasing premium brand sales and healthy eating trends will spur growth This report was provided to Illinois SBDC (2133312863) by IBISWorld on 28 June 2019 in accordance with their license agreement with IBISWorld IBISWorld Industry Report 44511 Supermarkets & Grocery Stores in the US April 2019 Darshan Kalyani 2 About this Industry 18 International Trade 31 Whole Foods Market Inc. 2 Industry Definition 19 Business Locations 31 Wakefern Food Corporation 2 Main Activities 32 Walmart Inc. 2 Similar Industries 21 Competitive Landscape 3 Additional Resources 21 Market Share Concentration 33 Operating Conditions 21 Key Success Factors 33 Capital Intensity 4 Industry at a Glance 22 Cost Structure Benchmarks 34 Technology and Systems 23 Basis of Competition 35 Revenue Volatility 5 Industry Performance 24 Barriers to Entry 35 Regulation and Policy 5 Executive Summary 25 Industry Globalization 36 Industry Assistance 5 Key External Drivers 7 Current Performance 26 Major Companies 37 Key Statistics 9 Industry Outlook 26 The Kroger Co. 37 Industry Data 12 Industry Life Cycle 27 Albertsons Companies LLC 37 Annual Change 28 Publix Super Markets Inc. 37 Key Ratios 14 Products and Markets 29 Ahold Delhaize 38 Industry Financial Ratios 14 Supply Chain 30 HEB Grocery Company LP 14 Products and Services 30 Meijer Inc. 39 Jargon & Glossary 16 Demand Determinants 30 ALDI US 17 Major Markets 31 Trader Joe’s www.ibisworld.com | 1-800-330-3772 | [email protected] WWW.IBISWORLD.COM Supermarkets & Grocery Stores in the US April 2019 2 About this Industry Industry Definition The Supermarkets and Grocery Stores fresh and prepared meats, poultry and industry makes up the largest food retail seafood, canned and frozen foods, fresh channel in the United States. -
2Nd Largest Supermarket Chain in the Us
SINGLE TENANT SUPERMARKET | NNN OPPORTUNITY BAKER CITY, OR | 2ND LARGEST SUPERMARKET CHAIN IN THE U.S. ($60.5 BILLION IN REVENUE) | ±16 YEARS REMAINING TERM | | ABSOLUTE NNN WITH 2.0% ANNUAL RENT ESCALATIONS | RENT IS WELL BELOW MARKET | NICK KASSAB, A LICENSED REAL ESTATE BROKER IN THE STATE OF OREGON, ALONG WITH HOLLIDAY FENOGLIO FOWLER, L.P. (COLLECTIVELY "HFF"). 1120 CAMPBELL STREET BAKER CITY, OREGON EXECUTIVE SUMMARY OFFERING SUMMARY 1120 Campbell Street HFF is pleased to exclusively present an outstanding opportunity to purchase the fee simple interest in a PROPERTY Baker City, OR recently leased 48,239 square-foot Albertsons. Albertsons is one of the largest food and drug retailers in the ± 2 Miles to Downtown Baker City U.S. The Property is located in the northeast corner of Oregon in Baker City and benefits from its proximity to Interstate 84 and the Union Pacific Railroad mainline. Many national brand retailers, such as US Bank, NOI (AS OF JUNE 2019) $378,563 ($7.85 PSF) McDonald’s, Pizza Hut, Shell Gas, and Best Western are in close proximity to this location. LAND AREA ±4.07 Acres The entity on the lease is Safeway, Inc., a wholly owned subsidiary of Albertsons Companies, Inc. The tenant has executed a 20-year Absolute NNN lease through February 2035 with 2% annual rent escalations. This BUILDING AREA rare investment opportunity provides long term, passive cash flow with no landlord responsibilities. 48,239 SF YEAR BUILT 2001 PRICE $6,641,000 ($138 PSF) TYPE OF OWNERSHIP Fee Simple Albertsons CAP RATE 5.70% TENANT (Safeway, Inc. -
2 Sisters' Salsa Hits the Shelves in Albertson's, Tom Thumb & Randalls Stores
2 Sisters' Salsa hits the shelves in Albertson's, Tom Thumb & Randalls Stores 2 Sisters' Salsa is proud to announce that it recently made its way onto the shelves of over 150 new stores. Albertsons Southern division which includes Randalls, Tom Thumb and Albertsons banners will now carry 3 of its salsa flavors; Jalapeño, Fiesta and Original. The products will be distributed through the KeHe warehouse. The salsa company, which started in 2015, already has a place on the shelves in a host of several large supermarkets and boutique grocery stores across the country. Most recently, they are adding a variety of heavy-hitting chains to their distribution list – Walmart, Winn Dixie, Brookshire Brothers, United Supermarkets, Super 1 Foods, Food Depot and Rouses Markets to name a few. The company was designed with these type of large-scale expansions in mind. In fact, it was built for them, literally. “The facility where we produce our product was built for the present and the future,” explains CEO/President Patrick Deshotels. “We can meet current demand, but we can also expand further in the years to come.” 2 Sisters’ Salsa takes everyone’s favorite snack and elevates it with the addition of a savory blend of Cajun spices. The salsa, available in Original, Fiesta, Jalapeno, Honey and now new Verde, was handcrafted in the heart of Louisiana from authentic Cajun recipes. To find out where 2 Sisters’ Salsa is carried nearest you and to hear the story of how a bumper crop of tomatoes and a love for Cajun cooking led to an industrial operation, visit www.2sisterssalsa.com.