021 0090
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS: Timothy J. Muris, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
Thomas B. Leary
__________________________________________
)
In the Matter of )
)
WAL-MART STORES, INC., )
a corporation; )
) Docket No. C-
and )
)
SUPERMERCADOS AMIGO, INC., )
a corporation. )
__________________________________________)
DECISION AND ORDER
The Federal Trade Commission ("Commission") having initiated an investigation of the
proposed acquisition of 100% of the outstanding voting securities of Respondent Supermercados
Amigo, Inc. by Respondent Wal-Mart Stores, Inc., hereinafter referred to as "Respondents," and
Respondents having been furnished thereafter with a copy of a draft Complaint that the Bureau of
Competition proposed to present to the Commission for its consideration and which, if issued by the
Commission, would charge Respondents with violations of Section 7 of the Clayton Act, as amended,
15 U.S.C. § 18, and Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. § 45;
and
Respondents, their attorneys, and counsel for the Commission having thereafter executed
Agreement Containing Consent Orders ("Consent Agreement"), containing an admission by
Respondents of all the jurisdictional facts set forth in the aforesaid draft of Complaint, a
the signing of said Consent Agreement is for settlement purposes only and does not constitute an
admission by Respondents that the law has been violated as alleged in such Complaint, or that the
alleged in such Complaint, other than jurisdictional facts, are true, and waivers and other
required by the Commission's Rules; and
The Commission having thereafter considered the matter and having determined that it has
reason to believe that Respondents have violated the said Acts, and that a Complaint should issue
stating its charges in that respect, and having thereupon issued its Complaint and an Order to
SNIPPETS:
The Federal Trade Commission having initiated an investigation of the proposed acquisition of
with violations of Section 7 of the Clayton Act, as amended,
Respondents, their attorneys, and counsel for the Commission having thereafter executed an
Respondent Wal-Mart Stores, Inc. is a corporation organized, existing and doing business
Respondent Supermercados Amigo, Inc. is a corporation organized, existing, and doing
A-1, Puerto Nuevo, San Juan, Puerto Rico 00920.
E. "Assets To Be Divested" means the Cidra Assets, the Ponce Assets and the Manati-Vega Baja
"Divestiture Trustee" means any person or entity appointed by the Commission pursuant to
L. "Cidra Assets" means the Supermarket currently operated by Respondent Amigo under the
dents' trademarks, trade dress, service marks, or trade names.
for sale in the ordinary course of the Supermarket business may be excluded from the
O. "Supermarket" means any store that offers a Wide Selection and Deep Inventory of Food and
P. "Supercenter" means any Supermarket that is co-located with a mass merchandise outlet.
Q. "Club Store" means any store that offers a Wide Selection and Deep Inventory of Food and
The purpose of the divestitures is to ensure the continuation of the Cidra Assets, the Ponce
The Commission may appoint a different Divestiture Trustee to accomplish each of the
In the event that the Commission or the Attorney General brings an action pursuant to § 5of
Respondents shall select such entity within five Business Days of receiving notification of
Provided, however, that prior notification shall not be required by this Paragraph for a
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