They tried that "new to the market" stipulation in the 1999 Albertsons/American Stores merger. That is why Raleys got sent to Las Vegas/New Mexico and Ralphs to NorCal. Then to keep the independent grocers happy (who had sued over not getting a shot at Albertsons/Buttrey divests) they threw most of the divests in SoCal and a few other random ones to Certified Grocers.HCal wrote: ↑March 31st, 2024, 12:26 am
Obviously keeping the store open as Stater is preferable to closing it down entirely, but the question shouldn't be between those two options. Neither of those options is sufficient for maintaining competition. The divests need to go to a company that is capable of operating them long-term AND new to the market. If Kroger cannot find a suitable such company, the merger should be rejected.
That "new to the market" stipulation is also how Haggen got involved in the last merger...
I agree with you that to preserve competition a "new to the market" competitor is ideal. If I am sitting here in Reno and every week in immediate zip code/trade area I ad shop at Raleys, Safeway, and Smiths who are all in the same zip code then I have to drive 5 miles away to find a Save Mart that is in a different zip code but it isn't exactly out of reach to me so I ad shop those 4 stores every week... then someone decides that either the Safeway or Smiths has to be divested. It has to be divested to a "new to market" competitor. Save Mart shows up and says we will buy that store since we do not currently serve that sub market/zip code and we are "new to market" for that zip code. Now I am left with only 3 stores to ad shop every week. At that point they may as well have just let Kroger keep both the Safeway and Smiths... This type of thing is why a "new to market" competitor seems essential to maintaining competition.
The problem is those "new to market" competitors seem to usually fail... they seem to be given the wrong stores, have the wrong strategy (price is ALWAYS a problem for some reason in these divest deals and I am highly concerned about Save Mart taking anything with how their price structure has become... Raleys may have an okay price structure to take stores on but has a lot of other big question marks), seem to have major issues doing the store conversions/merchandising change over with a banner change, and in some cases also screw up the pharmacy integration which pisses off hundreds of customers daily.
I think either the merger goes with C&S or the merger doesn't go.
I still think SpinCo is a possibility as a last ditch effort to shove the thing through. I know nobody likes SpinCo...
There are a lot of reasons why getting all of the divests to a single party is a lot easier (then that party can do the dirty work of parceling them out to other players).