In the Matter of Big Y Foods, No. 03-1983-E (Super. Ct. of Mass, Suffolk Cty. April 25, 2003)

State expressed concern about sale of supermarkets in Western Massachusetts to major competitor. Big Y agreed to use same pricing for new stores as it did for all stores in the area, agreed to use its best efforts to sell the supermarket sites for use as supermrkets.

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California ex. rel. Lockyer v. The Vons Companies, Inc. (C.D. Cal CV 05-8972 DSF January 03, 2006).

Vons allegedly monopolized the grocery store market for the City of Avalon on Santa Catalina Island, 26 miles from Los Angeles six years ago by accepting and later renewing a lease from Santa Catalina Island Company on a grocery store site when Vons owned and operated the only other grocery store in town. The Consent Decree required the divestiture of the lease to a new tenant and imposed ongoing obligations relating to both the store owned by Vons as well as the store leased by Vons from Santa Catalina Island Company.

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In the Matter of Schnucks Markets, Inc.

States reached settlement agreement with retail seller of food and grocery store products requiring specified divestitures in concentrated markets; subsequent settlement agreement reached resolving allegation of violation of divestiture agreement

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Massachusetts v. SSC Associates, L.P. and Stop & Shop Companies, Inc., No. 95-12377NG (D. Mass. Oct. 18, 1995) (Consent Decree).

Joint FTC/state review of acquisition by Stop & Shop Markets of Purity Supermarket chain. FTC and State entered into separate identical consent orders requring divesitutres.

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In the Matter of Ralph’s & Yucaipa Companies

Merger of two southern California supermarket chains, parties entered into consent decree to divest 27 stores.

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In the Matter of: Proposed Acquisition by MTH Holdings, Inc. of Grand Union Acquisition Corp. No. 5-369-89 (Super. Ct. of Vermont, Washington Ct. Julyl 7, 1989)

Investigation of proposed acquisition that could constitute an unfair method of competition in commerce under Vermont law.

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Connecticut v. Koninklijke Ahold NV, Ahold USA, Inc et al., No. 396CV01349 (D. Conn. 1996)

The Federal Trade Commission (FTC) and the Plaintiff States sought to enjoin Ahold’s acquisition of The Stop & Shop Companies Inc. (Stop & Shop), alleging that the merger would substantially lessen competition within the supermarket industry.

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Alaska v. Safeway, Inc., No. 3AN-99-4371 Civil. (Alaska Superior Court April 13, 1999) (1999 WL 1209785)

The State of Alaska investigated the proposed merger of two large supermarkets for potential antitrust violations. The investigation resulted in the execution of a consent decree that required the divestiture of seven stores in relevant markets to a viable competitor.

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