Announced Actions for September 9, 1997

The Federal Trade Commission today announced the following actions.

Applications for approval of transactions: The FTC has received an application for approval of a transaction. The FTC is seeking public comments on the application until Oct. 6, but it has been informed that the parties will request that the comment period be eliminated.

• Schwegmann Giant Super Markets, Inc., of New Orleans, Louisiana, has applied for FTC approval to divest the “That Stanley” supermarket at 4223 Chef Menteur Highway in New Orleans to J. Edward Lamb & Co., owned by Edward and Beverly Lamb of Metairie, Louisiana. The Lambs will operate the supermarket under the “Community Supermarket” name. Divestiture of this and six other stores is required under a 1995 consent order designed to restore competition allegedly injured when Schwegmann acquired the New Orleans supermarkets formerly owned by National Holdings, Inc. from Schnuck Markets, Inc. The other six divestitures have been completed. (See March 8, 1995 news release for more details regarding the consent order; Docket No.C-3584.) FTC staff contact is Roberta Baruch, 202-326-2861.

Other Items:

• The settlement that the FTC negotiated with Schnuck Markets, Inc., of St. Louis, Missouri, and announced on July 30 now has been filed in federal district court. The settlement requires Schnuck to pay $3 million to settle FTC charges that Schnucks allowed 24 stores that it was required to divest under a 1995 consent order with the FTC to deteriorate, thereby undermining the intent of the order to maintain supermarket competition. That order settled charges in connection with Schnucks’ acquisition of supermarkets owned by National Holdings, Inc. The complaint and settlement were filed by FTC attorneys in U.S. District Court for the Eastern District of Missouri, and the documents now are available. (See July 30, 1997 news release for more details regarding this settlement; Docket No. C-3585; Civil Action No. 4:97CV01830CEJ.) Staff contacts are George S. Cary, 202-326-3741, and Daniel Ducore, 202-326-2526.

Comments on the Schwegmann application should be addressed to the FTC, Office of the Secretary, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580. Copies of the documents referenced above are available from the FTC’s Public Reference Branch, Room 130, at the same address; 202-326-2222; TTY for the hearing impaired 202- 326-2502. To find out the latest news as it is announced, call the FTC NewsPhone recording at 202-326-2710. FTC news releases and other documents also are available on the Internet at the FTC’s World Wide Web site at: http://www.ftc.gov