Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices 13993 According to the draft complaint, these k. Schnucks store No. 130 located at thereafter until the divestitures are markets are highly concentrated and 10223 Lewis & Clark, Bellefontaine, completed, and annually for a period of entry is difficult or unlikely. Schnucks' MO 63136; and ten years. acquisition of National may reduce l. Schnucks store No. 195 located at The purpose of this analysis is to competition in these markets by 6965 Parker Road, St. Louis, MO invite public comment on the proposed eliminating the direct competition 63033. consent order to aid the Commission in between Schnucks and National, by 3. The following supermarkets located its determination of whether it should increasing the likelihood that Schnucks in St. Charles County, Missouri: make final the proposed consent order will become a dominant firm, and by a. National store No. 22 located at 850 contained in the agreement. increasing the likelihood of collusive Jungerman, St. Peters, MO 63376; and This analysis is not intended to behavior among the remaining b. Schnucks store No. 126 located at constitute an official interpretation of competitors. 1355 South 5th Street, St. Charles, the agreement and proposed consent The agreement containing consent MO 63301. order, nor is it intended to modify the order attempts to remedy the 4. The following supermarkets located terms of the agreement and proposed Commission's competitive concerns in Jefferson County, Missouri: consent order in any way. about the acquisition. Under the terms a. National store No. 65 located at 1200 Donald S. Clark, of the proposed order, Schnucks must Sugar Creek Square, Fenton, MO Secretary. divest 24 supermarkets within twelve 63026; and months, to a purchaser approved by the Concurring Statement of Commissioner b. National store No. 70 located at 215 Commission. If Schnucks fails to satisfy Mary L. Azcuenaga Arnold Cross Road, Arnold MO the divestiture provisions, the 63010. Re: Schnuck Markets, Inc., File No. 941± Commission may appoint a trustee to 0131; Schwegmann Giant Super divest supermarkets to satisfy the terms 5. The following supermarkets located Markets, Inc., File No. 941±0130 in Madison County, Illinois: of the order. The 24 supermarkets to be The two complaints allege geographic a. National store No. 35 located at 1716 divested are: markets comprising ``the St. Louis MSA, Vandalia Road, Collinsville, IL 62234; 1. The following supermarkets located and narrower markets contained and in the city of St. Louis, Missouri: therein'' and ``metro New Orleans, b. Schnucks store No. 175 located at a. National store No. 15 located at 2700 Louisiana area, which consists of the 1435 Vaughn Road, Wood River, IL S. Grand Avenue, St. Louis, MO parishes of Orleans, Jefferson, and St. 62095. 63118; Bernard, and narrower markets b. National store No. 30 located at 5433 6. The following supermarkets located contained therein.'' Although I question Southwest Avenue, St. Louis, MO in St. Clair County, Illinois: the board geographic markets alleged, 63139; a. National store No. 64 located at 1290 the investigational record contains c. National store No. 50 located at 8945 Camp Jackson Road, Cahokia, IL sufficient information to support a Riverview Drive, St. Louis, MO 63137; 62206; and finding of reason to believe with respect and b. National store No. 80 located at 4 to small, discrete geographic markets d. National store No. 60 located at 1605 Market Place, Fairview Heights, IL located within the broad regions alleged S. Jefferson, St. Louis, MO 63104. 62208 in the complaint, and the stores to be 2. The following supermarkets located For a period of ten years from the date divested were selected with a view to in St. Louis County, Missouri: the order becomes final, the order also remedying competitive concerns in the prohibits Schnucks from acquiring, small, discrete markets. a. National store No. 26 located at 8823 without prior Commission approval, In addition, the complaints allege as Ladue Road, Ladue MO 63124; supermarket assets located in, or any the product market ``the retail sale of b. National store No. 45 located at 6 S. interest (such as stock) in any entity that food and grocery products in Old Orchard, Webster, MO 63119; owns or operates a supermarket located supermarkets, and narrow markets c. National store No. 46 located at 10431 in, the St. Louis MSA. This does not contained therein.'' A serious argument St. Charles, St. Ann, MO 63074; prevent Schnucks from constructing can be made that the market should d. National store No. 47 located at 13041 new supermarket facilities on its own; include sales of food and groceries in New Halls Ferry, Florissant, MO nor does it prevent Schnucks from certain stores other than traditional 63033; leasing facilities not operated as supermarkets. Since the investigational e. National store No. 62 located at 421 supermarkets within the previous six record suggests that the concentration is N. Kirkwood Road, Kirkwood, MO months. high even if additional sales are 63122; For a period of ten years, if Schnucks included in the market, the issue need f. National store No. 63 located at 7434 sells or leases a supermarket to another not be resolved at this time. Olive Street Road, University City, person, Schnucks may not enter into or Accordingly, I concur in the decision to MO 63130; enforce any agreement that would accept the consent agreements for g. National store No. 77 located at 4432 restrict the ability of that person to publication. Lemay Ferry Road, Mehlville, MO operate a supermarket. In addition, [FR Doc. 95±6342 Filed 3±14±95; 8:45 am] 63129; subject to certain exceptions, Schnucks h. National store No. 85 located at 14855 may not remove any equipment from a BILLING CODE 6750±01±M Clayton Road, Chesterfield, MO supermarket it owns or operates prior to 63011; a sale, sublease, assignment, or change i. Schnucks store No. 103 located at in occupancy. [File No. 941 0130] 9719 Crestwood Road, Crestwood, The respondent is required to provide Schwegmann Giant Super Markets, MO 63126; to the Commission a report of Inc.; Proposed Consent Agreement j. Schnucks store No. 124 located at compliance with the order within sixty With Analysis to Aid Public Comment 3661 Reavis Barracks, St. Louis, MO (60) days following the date the order 63125; becames final, every sixty (60) days AGENCY: Federal Trade Commission. 13994 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices ACTION: Proposed consent agreement. 1. Proposed respondent Schwegmann Order shall become final upon service. Giant Super Markets, Inc. is a Delivery by the United States Postal SUMMARY: In settlement of alleged corporation organized, existing, and Service of the complaint and decision violations of federal law prohibiting doing business under and by virtue of containing the agreed-to Order to unfair acts and practices and unfair the laws of the State of Louisiana, with proposed respondent's address as stated methods of competitionÐin connection its office and principal place of business in this Agreement, to the attention of the with Schwegmann's proposed located at 5300 Old Gentilly Road, New officer signing this agreement, shall acquisition of supermarkets currently Orleans, Louisiana 70126. constitute service. Proposed respondent owned by National Holdings, Inc.Ðthis 2. Proposed respondent admits all the waives any right it may have to any consent agreement, accepted subject to jurisdictional facts set forth in the draft other manner of service. The complaint final Commission approval, would of complaint. may be used in construing the terms of require, among other things, the 3. Proposed respondent waives: the Order, and no agreement, Louisiana-based corporation to divest a. Any further procedural steps; understanding, representation, or seven stores in the New Orleans area to b. The requirement that the interpretation not contained in the Commission-approved purchasers, and Commission's decision contain a Order or the Agreement may be used to would require the respondent, for ten statement of findings of fact and vary or contradict the terms of the years, to obtain Commission approval conclusions of law; Order. c. All rights to seek judicial review or before acquiring an interest in a 7. Proposed respondent has read the supermarket, or another entity that otherwise to challenge or contest the validity of the Order entered pursuant to proposed complaint and Order operates a supermarket, in the relevant contemplated hereby. Proposed area. this agreement; and d. Any claim under the Equal Access respondent understands that once the DATES: Comments should be received on to Justice Act. Order has been issued, it will be or before May 15, 1995. 4. This agreement shall not become required to file verified written reports ADDRESSES: Comments should be part of the public record of the showing that it has fully complied with directed to: FTC/Office of the Secretary, proceeding unless and until it is the Order. Proposed respondent further Room 159, 6th St. and Pa. Ave., NW., accepted by the Commission. If this understands that it may be liable for Washington, DC 20580. agreement is accepted by the civil penalties in the amount provided FOR FURTHER INFORMATION CONTACT: Commission it, together with the draft of by law for each violation of the Order Ronald Rowe, FTC/S±2105, complaint contemplated thereby, will be after it becomes final. Washington, DC 20580. (202) 326±2610. placed on the public record for a period Order SUPPLEMENTARY INFORMATION: Pursuant of sixty (60) days and information in to Section 6(f) of the Federal Trade respect thereto publicly released. The I Commission Act, 38 Stat. 721, 15 U.S.C. Commission thereafter may either It is ordered that, as used in this 46 and § 2.34 of the Commission's Rules withdraw its acceptance of this Order, the following definitions shall of Practice (16 CFR 2.34), notice is agreement and so notify the proposed apply: hereby given that the following consent respondent, in which event it will take A.