A&P, Pathmark Comply with Second FTC Request for Info

MONTVALE, N.J. -- The Great Atlantic & Pacific Tea Co., Inc. here said that on Friday both it and Pathmark Stores, Inc. submitted certifications of substantial compliance with the Federal Trade Commission, in response to the Requests for Additional Information and Documentary Materials they received in relation to A&P's proposed acquisition of Carteret, N.J.-based Pathmark.

As announced earlier, both Tengelmann, which is A&P's majority shareholder, and Pathmark received Second Requests from the FTC on April 18, 2007, and then entered into a timing agreement with the FTC, thereby extending the applicable waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, during which neither retailer may complete the proposed acquisition.

Under the timing agreement, A&P and Pathmark have agreed, subject to certain conditions, that they won't complete A&P's acquisition of Pathmark for at least 60 days after the date that A&P and Pathmark substantially comply with the Second Requests.

A&P and Pathmark continue to cooperate with the FTC.

A&P operates 406 stores in nine states and the District of Columbia under the A&P, Waldbaum's, The Food Emporium, Super Foodmart, Super Fresh, Farmer Jack, Sav-A-Center, and Food Basics banners. Pathmark operates 141 supermarkets in the New York, New Jersey and Philadelphia metropolitan areas.
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