Tractor Supply Company and Orscheln Farm and Home LLC; Analysis of Agreement Containing Consent Orders To Aid Public Comment, 64791-64795 [2022-23245]
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Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Notices
Commission’s flexibility in granting
exemptions that allow manufacturers to
adapt the labels and, in several
instances, to provide additional
information to consumers. I also support
the granting of this exemption. I
continue to question, however, whether
the highly prescriptive requirements in
this Rule are needed to satisfy the
PMPA’s mandate to establish a uniform
method of displaying fuel ratings. As I
noted in my prior Concurring
Statement, relaxation of the prescriptive
requirements in the Commission’s Rule
potentially could obviate the need for
repeated exemption petitions, which
call to mind the familiar children’s
game of ‘‘Mother May I.’’ Much has been
said about permissionless innovation in
the context of high-tech companies,6 but
its benefits apply in this context, as
well. For example, companies may have
additional ideas about how to make
labels more user-friendly but may
choose to forgo acting on those
initiatives due to the time and expense
required to seek government approval,
chilling beneficial innovation.
I again encourage the Commission to
consider ways to streamline the Rule’s
prescriptive requirements, facilitating
the conveyance of information to
consumers uniformly while giving
greater flexibility to manufacturers.7
[FR Doc. 2022–23288 Filed 10–25–22; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 211 0083]
Tractor Supply Company and Orscheln
Farm and Home LLC; Analysis of
Agreement Containing Consent Orders
To Aid Public Comment
Federal Trade Commission.
Proposed consent agreement;
request for comment.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
6 See e.g., Adam D. Thierer, ‘‘Embracing a Culture
of Permissionless Innovation’’ CATO Institute (Nov.
17, 2012) (explaining that ‘‘permissionless
innovation refers to the notion that experimentation
with new technologies and business models should
generally be permitted by default’’ and that
[p]ermissionless innovation is not an absolutist
position that rejects any role for government.
Rather, it is an aspirational goal that stresses the
benefit of ‘innovation allowed’ as the default
position to begin policy debates.’’).
7 I have repeatedly suggested a similar review of
the Energy Labeling Rule’s even more highly
prescriptive requirements. See Dissenting Statement
of Commissioner Christine S. Wilson, Notice of
Proposed Rulemaking to Energy Labeling Rule (May
11, 2022), https://www.ftc.gov/system/files/ftc_gov/
pdf/Commission%20Wilson%20Dissenting%20
Statement%20Energy%20Labeling%20
Rule%205.11.22%20FINAL.pdf.
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federal law prohibiting unfair methods
of competition. The attached Analysis of
Proposed Consent Orders to Aid Public
Comment describes both the allegations
in the complaint and the terms of the
consent orders—embodied in the
consent agreement—that would settle
these allegations.
DATES: Comments must be received on
or before November 25, 2022.
ADDRESSES: Interested parties may file
comments online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Please write: ‘‘Tractor Supply
Company and Orscheln Farm and Home
LLC; File No. 211 0083’’ on your
comment and file your comment online
at https://www.regulations.gov by
following the instructions on the webbased form. If you prefer to file your
comment on paper, please mail your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW, Suite CC–5610 (Annex D),
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
Laura Krachman (202–326–2895),
Bureau of Competition, Federal Trade
Commission, 400 7th Street SW,
Washington, DC 20024.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 6(f) of the Federal Trade
Commission Act, 15 U.S.C. 46(f), and
FTC Rule § 2.34, 16 CFR 2.34, notice is
hereby given that the above-captioned
consent agreement containing a consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of 30 days. The following Analysis of
Agreement Containing Consent Orders
to Aid Public Comment describes the
terms of the consent agreement and the
allegations in the complaint. An
electronic copy of the full text of the
consent agreement package can be
obtained from the FTC website at this
web address: https://www.ftc.gov/newsevents/commission-actions.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before November 25, 2022. Write
‘‘Tractor Supply Company and Orscheln
Farm and Home LLC; File No. 211
0083’’ on your comment. Your
comment—including your name and
your state—will be placed on the public
record of this proceeding, including, to
the extent practicable, on the https://
www.regulations.gov website.
Due to protective actions in response
to the COVID–19 pandemic and the
agency’s heightened security screening,
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64791
postal mail addressed to the
Commission will be delayed. We
strongly encourage you to submit your
comments online through the https://
www.regulations.gov website.
If you prefer to file your comment on
paper, write ‘‘Tractor Supply Company
and Orscheln Farm and Home LLC; File
No. 211 0083’’ on your comment and on
the envelope, and mail your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite
CC–5610 (Annex D), Washington, DC
20580.
Because your comment will be placed
on the publicly accessible website at
https://www.regulations.gov, you are
solely responsible for making sure your
comment does not include any sensitive
or confidential information. In
particular, your comment should not
include sensitive personal information,
such as your or anyone else’s Social
Security number; date of birth; driver’s
license number or other state
identification number, or foreign
country equivalent; passport number;
financial account number; or credit or
debit card number. You are also solely
responsible for making sure your
comment does not include sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule § 4.10(a)(2), 16 CFR
4.10(a)(2)—including competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must comply with FTC Rule
§ 4.9(c). In particular, the written
request for confidential treatment that
accompanies the comment must include
the factual and legal basis for the
request and must identify the specific
portions of the comment to be withheld
from the public record. See FTC Rule
§ 4.9(c). Your comment will be kept
confidential only if the General Counsel
grants your request in accordance with
the law and the public interest. Once
your comment has been posted on
https://www.regulations.gov—as legally
required by FTC Rule § 4.9(b)—we
cannot redact or remove your comment
from that website, unless you submit a
confidentiality request that meets the
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Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Notices
requirements for such treatment under
FTC Rule § 4.9(c), and the General
Counsel grants that request.
Visit the FTC website at https://
www.ftc.gov to read this document and
the news release describing this matter.
The FTC Act and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding, as
appropriate. The Commission will
consider all timely and responsive
public comments it receives on or before
November 25, 2022. For information on
the Commission’s privacy policy,
including routine uses permitted by the
Privacy Act, see https://www.ftc.gov/
site-information/privacy-policy.
Analysis of Agreement Containing
Consent Orders To Aid Public Comment
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I. Introduction
The Federal Trade Commission
(‘‘Commission’’) has accepted, subject to
final approval, an Agreement
Containing Consent Orders (‘‘Consent
Agreement’’) to be put on the public
record for comment. The Consent
Agreement is with Tractor Supply
Company (‘‘Tractor Supply’’) and
Orscheln Farm and Home LLC
(‘‘Orscheln’’) (collectively, the
‘‘Respondents’’). The proposed Decision
and Order (‘‘D&O’’), included in the
Consent Agreement and subject to final
Commission approval, is designed to
remedy the anticompetitive effects that
would result from Tractor Supply’s
proposed acquisition of Orscheln.
On February 17, 2021, Tractor Supply
and Orscheln entered into an agreement
whereby Tractor Supply would acquire
Orscheln for approximately $320
million (‘‘the Proposed Transaction’’).
The Commission’s Complaint alleges
that the Proposed Transaction, if
consummated, would violate Section 7
of the Clayton Act, as amended, 15
U.S.C. 18, and Section 5 of the FTC Act,
as amended, 15 U.S.C. 45, by removing
a direct and substantial farm store
competitor in 84 relevant markets. The
elimination of this competition would
result in significant competitive harm;
specifically, absent a remedy, the
Proposed Transaction would allow the
combined entity to increase prices
above competitive levels unilaterally.
Similarly, absent a remedy, there is
significant risk that the combined entity
may decrease quality, selection, and
service aspects of its stores below
competitive levels in the relevant
markets.
The Consent Agreement, which
contains the proposed D&O and Order
to Maintain Assets, would remedy the
alleged violations by requiring
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divestitures to replace competition that
otherwise would be lost in the relevant
markets because of the Proposed
Transaction. Under the terms of the
proposed D&O, Respondents are
required to divest 84 stores and related
assets in 84 local geographic markets
(collectively, the ‘‘relevant markets’’) in
10 states (Arkansas, Indiana, Iowa,
Kansas, Kentucky, Missouri, Nebraska,
Ohio, Oklahoma, and Texas) to the
Commission-approved buyers,
Bomgaars Supply, Inc. (‘‘Bomgaars’’)
and Buchheit Enterprises, Inc.
(‘‘Buchheit’’). The Commission and
Respondents have agreed to an Order to
Maintain Assets that requires
Respondents to operate and maintain
each divestiture store in the normal
course of business through the date the
store is ultimately divested to Bomgaars
and Buchheit.
The Consent Agreement with the
proposed D&O and the Order to
Maintain Assets has been placed on the
public record for 30 days for receipt of
comments from interested persons.
Comments received during this period
will become part of the public record.
After 30 days, the Commission will
review the D&O as well as any
comments received, and decide whether
it should withdraw, modify, or make the
D&O final. The Commission is issuing
the Order to Maintain Assets when the
Consent Agreement is placed on the
public record.
II. The Respondents
Respondent Tractor Supply operates
over 2,000 farm stores, with stores
located in every state except Alaska.
Tractor Supply is the largest farm store
chain, by store count, in the United
States. Respondent Orscheln operates
166 farm stores under the Orscheln
Farm & Home banner in Arkansas,
Illinois, Indiana, Iowa, Kansas,
Kentucky, Missouri, Nebraska, Ohio,
Oklahoma, and Texas. Orscheln is the
second largest farm store chain, by store
count, in the United States.
III. Competition in the Relevant
Markets
The Proposed Transaction presents
substantial antitrust concerns for the
products sold and services provided at
brick-and-mortar farm stores. Farm
stores offer their customers a broad, instore assortment of products across
multiple product categories to meet
their farming, ranching, or other rural
lifestyle needs, along with staff
knowledgeable about the products.
Farm stores sell a wide range of
products, including, but not limited to,
large animal and pet feed; supplies to
care for horses, other livestock, and
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pets; fencing; equipment and tools used
for farm or lawn and garden
maintenance; workwear; and home
goods. This broad product mix enables
customers to purchase products to meet
substantially all their farm or rural
lifestyle needs and to receive
accompanying service from
knowledgeable employees at a single
store. The brick-and-mortar shopping
environment also provides customers
with the ability to touch and feel
products before buying them, and inperson access to knowledgeable sales
staff. The ability to offer consumers this
in-person, one-stop shopping
experience is a key difference between
farm stores and other retailers.
Other types of brick-and-mortar
retailers are not reasonable substitutes
for farm stores. Retail stores other than
farm stores, including big box general
merchandisers, grocery stores, pet
stores, and home improvement stores
may sell some of the same products as
farm stores, but they do not carry the
same breadth and variety of rural
lifestyle products as farm stores. Such
retailers typically lack the breadth of
rural lifestyle products that enables farm
stores to meet substantially all their
customers’ rural lifestyle needs in one
convenient stop.
Online retailers also are not
reasonable substitutes for brick-andmortar farm stores. Online retailers
cannot provide their customers the
ability to touch and feel products prior
to purchase, nor can they offer in-person
access to knowledgeable sales staff to
learn about products best suited for
their rural lifestyle needs. Additionally,
online retailers require time to deliver
their products to their customers, while
farm stores provide their customers with
immediate access to products that meet
essential or immediate needs, such as
animal feed when a customer runs out
or components to fix broken farm
equipment. Furthermore, many
products sold at farm stores are not
conducive to selling online, as they are
large and heavy, and therefore
impractical or expensive to ship.
The relevant geographic markets in
which to analyze the effects of the
Proposed Transaction are the areas
within a reasonable drive of Orscheln’s
stores listed in Exhibit A, as these are
areas in which Respondents’ farm stores
compete. When choosing between farm
store competitors, a customer is
typically choosing between farm stores
within a reasonable driving distance of
the customer’s farm or home. The area
within a reasonable drive of a farm store
varies depending on a store’s location,
geography, population density, traffic
conditions, and other local
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characteristics. While individual
markets may be significantly smaller,
typically no relevant geographic market
is broader than the area within a 60-mile
drive of the stores.
The Proposed Transaction would
eliminate direct and substantial
competition between Respondents
Tractor Supply and Orscheln to the
detriment of their customers in the
relevant markets. Respondents are close
competitors and focus on the same types
of customers. They compete on price
and non-price factors, such as customer
service and product selection, resulting
in lower prices and other benefits to
their customers. With this head-to-head
competition removed, the Proposed
Transaction would enable the combined
entity to increase prices and decrease
the quality and selection of products
and services at their farm stores in the
relevant markets.
Entry into the relevant markets that is
timely and sufficient to prevent or
counteract the expected anticompetitive
effects of the Proposed Transaction is
unlikely to occur. Entry barriers include
the time and costs associated with
conducting necessary market research,
selecting an appropriate location for a
farm store, obtaining necessary permits
and approvals, constructing a new farm
store or converting an existing structure
to a farm store, and generating sufficient
sales to have a meaningful impact on
the market. As a result, new entry
sufficient to achieve a significant market
impact and act as a competitive
constraint is unlikely to occur in a
timely manner.
IV. The Proposed Order and the Order
To Maintain Assets
The proposed D&O and the Order to
Maintain Assets effectively remedy the
likely anticompetitive effects in the
relevant markets. The proposed D&O,
which requires the divestiture of
Orscheln stores in each of the 84
relevant markets to Commissionapproved, upfront buyers, will restore
competition that otherwise would be
eliminated in these markets because of
the Proposed Transaction. The proposed
buyers, Buchheit and Bomgaars, appear
to be suitable purchasers wellpositioned to enter the relevant markets
through the divested stores and prevent
competitive harm that would otherwise
likely result from the Potential
Transaction.
The proposed D&O requires
Respondents to divest 12 stores, as
ongoing businesses, and related assets to
Buchheit within 10 days of Respondents
consummating the Proposed
Transaction. For up to six months
afterwards Respondents will provide
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transitional assistance to Buchheit to
ensure that Buchheit can operate the
stores similarly to how the stores were
operated prior to the Proposed
Transaction.
Buchheit appears to be a suitable
purchaser for the 12 divestiture stores it
intends to acquire. Buchheit is a familyowned company that has operated retail
stores since the 1930s. It currently
operates eight farm stores in Missouri
and Illinois and has over 650
employees. Buchheit also operates a
warehousing and shipping service
through Buchheit Logistics and a feed
and fertilizer manufacturer through
Buchheit Agriculture. Buchheit has
sufficient financing to fund the
acquisition and operate the newly
acquired stores. Buchheit also appears
to have sufficient distribution and
supply capabilities for both the newly
acquired stores and its currently
operated stores.
The proposed D&O further requires
Respondents to divest 72 stores, as
ongoing businesses, and related assets to
Bomgaars within 10 days of
Respondents consummating the
Proposed Transaction. For up to 15
months afterwards Respondents will
provide transitional assistance to
Bomgaars to ensure that Bomgaars can
operate the stores similarly to how the
stores were operated prior to the
Proposed Transaction.
The proposed D&O also requires that
the Respondents divest Orscheln’s
distribution center in Moberly, Missouri
to Bomgaars. The Orscheln stores that
Tractor Supply will be acquiring and
keeping currently utilize the Moberly
distribution center. The proposed D&O
requires Tractor Supply to transition
these Orscheln stores out of the Moberly
distribution center and to permanently
cease reliance on the Moberly
distribution center no later than
December 31, 2023. Bomgaars will take
ownership of the distribution center
within ten days thereafter.
Bomgaars appears to be a suitable
purchaser for the 72 divesture stores it
intends to acquire and for Orscheln’s
distribution center in Moberly,
Missouri. Bomgaars is a family-owned
farm store operator with over 70 years
of experience running farm stores in the
Midwest. Bomgaars has over 100 farm
stores located throughout eight
midwestern states and approximately
3,000 employees. Bomgaars has
sufficient financing to fund the
acquisition and operate the newly
acquired stores and distribution center.
Also, with the addition of the divested
distribution center, Bomgaars appears to
have sufficient distribution and supply
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capabilities for both the newly acquired
stores and its currently operated stores.
The proposed D&O contains
additional provisions designed to
ensure the adequacy of the proposed
relief. For example, the proposed D&O
and the Order to Maintain Assets
require Respondents to continue
operating and maintaining the
divestiture stores in the normal course
of business until the date that each store
is sold to the buyer. If, at any time
before the proposed D&O is made final,
the Commission determines that
Bomgaars or Buchheit is not an
acceptable buyer, Respondents must
rescind the divestiture(s) and divest the
assets to a different buyer that receives
the Commission’s prior approval. The
proposed D&O imposes other terms,
including the obligation to provide
Transition Assistance and an obligation
to facilitate the buyers interviewing and
hiring employees.
Moreover, the proposed D&O sets a
strict timeline by which the
Respondents must separate the retained
Orscheln stores from the Moberly
distribution center, requiring separating
12 by April 30, 2023, 40 by July 31,
2023, 60 by October 31, 2023, and the
remaining stores by December 31, 2023.
Additionally, the proposed D&O
includes some newer provisions to
ensure its effectiveness, including
provisions that appoint a Transition
Manager for each buyer, who will be
responsible for directing the provision
of Transitional Assistance to that buyer,
require physical separation of the
employees providing assistance to each
buyer, and increase the frequency of
compliance reporting.
The proposed D&O also requires the
appointment of Larry Appel as an
independent Monitor to oversee the
Respondents’ compliance with the
requirements of the proposed D&O and
the Order to Maintain Assets, and to
keep the Commission informed about
the status of the transfer of the divested
assets. Additionally, the proposed D&O
requires the Respondents to receive the
Commission’s prior approval, for a
period of 10 years, to acquire any
interest in a farm store that has operated
or is operating within a 60-mile radius
of a divested store. Finally, the
proposed D&O also prohibits the
Respondents from entering into or
enforcing agreements to restrict a new
owner from operating a farm store at any
store Respondents may sell in these
areas.
The proposed D&O also contains a
ten-year prior approval provision
relating to the buyers, which prohibits
them from selling acquired stores for a
period of three years after the proposed
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D&O is issued, except to an acquirer that
receives the prior approval of the
Commission. The initial three-year
period is followed by an additional
seven-year period during which the
buyers are required to receive prior
approval from the Commission to sell an
acquired store to a buyer that operates
Exhibit A
State
City
Address
Arkansas ............................
Jonesboro ..........................
Paragould ...........................
Pocahontas ........................
Springdale ..........................
Charlestown .......................
Corydon .............................
Greenfield ..........................
Lawrenceburg ....................
1817 E Parker Road, Jonesboro, Arkansas 72404 .......
420 Highway 49 North, Paragould, Arkansas 72451 ....
1966 Highway 62 West, Pocahontas, Arkansas 72455
211 N Maestri Road, Springdale, Arkansas 72762 .......
10851⁄2 Market Street, Charlestown, Indiana 47111 .....
1805 Gardner Lane, Corydon, Indiana 47112 ...............
1875 East Main Street, Greenfield, Indiana 46140 .......
181 South Tanners Creek Drive, Lawrenceburg, Indiana 47025.
2110 N State Highway 3, North Vernon, Indiana 47265
2100 National Road West, Richmond, Indiana 47374 ..
1326 North Gardner Street, Scottsburg, Indiana 47170
212 East Highway 66, Tell City, Indiana 47586 ............
1 Cherry Tree Plaza, Washington, Indiana 47501 ........
970 East Washington Street, Winchester, Indiana
47394.
2107 West Burlington Avenue, Fairfield, Iowa 52556 ...
1331 Vaughn Drive, Ottumwa, Iowa 52501 ...................
605 S 10th Street, Atchison, Kansas 66002 ..................
15256 Wolf Creek Parkway, Basehor, Kansas 66007 ..
1620 Lincoln Street, Concordia, Kansas 66901 ............
1701 North 14th Avenue, Dodge City, Kansas 67801 ..
2908 W Central Avenue, El Dorado, Kansas 67042 .....
1309 North Taylor Avenue, Garden City, Kansas
67846.
18710 South Gardner Road, Gardner, Kansas 66030 ..
20200 West Kellogg Avenue, Goddard, Kansas 67052
5320 10th Street, Great Bend, Kansas 67530 ..............
2900 Broadway Avenue, Hays, Kansas 67601 .............
1500 East 11th Street, Hutchinson, Kansas 67501 .......
1918 North State Street, Iola, Kansas 66749 ................
1541 E 23rd Street, Lawrence, Kansas 66046 ..............
1160 West Amity Street, Louisburg, Kansas 66053 ......
427 Hummels Place, Manhattan, Kansas 66502 ..........
2204 East Kansas Avenue, McPherson, Kansas 67460
321 Windward Drive, Newton, Kansas 67114 ...............
211 East Main Street, Parsons, Kansas 67357 .............
1601 1st Street, Pratt, Kansas 67124 ............................
360 North Ohio Street #57, Salina, Kansas 67401 .......
1133 SW Wanamaker Road, Topeka, Kansas 66604 ...
700 A North 12th Street, Murray, Kentucky 42071 .......
135 East Lincoln Trail, Radcliff, Kentucky 40160 ..........
1100 S Hwy 7 Lot 1, Blue Springs, Missouri 64014 ......
3300 Paris Road, Columbia, Missouri 65202 ................
3910 South Providence Road, Columbia, Missouri
65203.
1525 West Business Highway 60, Dexter, Missouri
63841.
1310 Business 54 South, Fulton, Missouri 65251 .........
1000 East 10th Street, Holden, Missouri 64040 ............
1476 South Sam Houston Blvd., Houston, Missouri
65483.
107 Gordon Hollow Road, Jane, Missouri 64856 ..........
2304 Missouri Boulevard, Jefferson City, Missouri
65109.
2302 South Baltimore Street, Kirksville, Missouri 63501
1331 Spur Drive, Marshfield, Missouri 65706 ................
1110 Hwy. 24–36 East Unit #50, Monroe City, Missouri
63456.
2235 N Westwood Blvd., Poplar Bluff, Missouri 63901
1055 U.S. Highway 60 East Republic, Missouri 65738
2424 South Limit Sedalia, Missouri 65301 ....................
137 North Belt Highway, St. Joseph, Missouri 64504 ...
124 East South Service Road, Sullivan, Missouri
63080.
1 Lincoln Center, Highway 47, Troy, Missouri 63379 ....
1551 Commercial Street, Warsaw, Missouri 65355 ......
860 Washington Corners, Washington, Missouri 63090
Indiana ...............................
North Vernon .....................
Richmond ...........................
Scottsburg ..........................
Tell City ..............................
Washington ........................
Winchester .........................
Iowa ....................................
Kansas ...............................
Kentucky ............................
Missouri ..............................
Fairfield ..............................
Ottumwa .............................
Atchison .............................
Basehor ..............................
Concordia ...........................
Dodge City .........................
El Dorado ...........................
Garden City ........................
Gardner ..............................
Goddard .............................
Great Bend ........................
Hays ...................................
Hutchinson .........................
Iola .....................................
Lawrence ...........................
Louisburg ...........................
Manhattan ..........................
McPherson .........................
Newton ...............................
Parsons ..............................
Pratt ...................................
Salina .................................
Topeka ...............................
Murray ................................
Radcliff ...............................
Blue Springs ......................
Columbia ............................
Columbia (South) ...............
Dexter ................................
Fulton .................................
Holden ................................
Houston ..............................
Missouri ..............................
Jane ...................................
Jefferson City .....................
Kirksville .............................
Marshfield ..........................
Monroe City .......................
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one or more farm stores within a 60mile radius of a divested store the
respective buyer acquired.
Poplar Bluff ........................
Republic .............................
Sedalia ...............................
St. Joseph ..........................
Sullivan ..............................
Troy ....................................
Warsaw ..............................
Washington ........................
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Store No.
26OCN1
Buyer
163
137
138
44
112
111
107
106
Buchheit.
Buchheit.
Buchheit.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
162
108
126
134
110
144
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
20
99
80
157
127
34
69
55
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
172
161
31
58
32
148
48
147
39
60
43
21
33
57
37
93
154
174
9
158
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Buchheit.
Bomgaars.
Buchheit.
Buchheit.
Buchheit.
47
Bomgaars.
11
120
118
Buchheit.
Bomgaars.
Bomgaars.
160
41
Bomgaars.
Buchheit.
153
135
151
Buchheit.
Bomgaars.
Bomgaars.
84
117
1
53
38
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
45
125
12
Bomgaars.
Bomgaars.
Bomgaars.
64795
Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Notices
State
Nebraska ............................
Ohio ....................................
Oklahoma ...........................
Texas .................................
City
Address
Waynesville ........................
Beatrice ..............................
Gothenburg ........................
Grand Island ......................
Hastings .............................
Kearney ..............................
Lexington ...........................
Lincoln ................................
McCook ..............................
Nebraska City ....................
110 C W Parker Lane, Waynesville, Missouri 65583 ....
2415 North 6th Street, Beatrice, Nebraska 68310 ........
716 4th Street, Gothenburg, Nebraska 69138 ...............
515 South Webb Road, Grand Island, Nebraska 68803
1315 West J Street, Hastings, Nebraska 68901 ...........
910 Third Avenue, Kearney, Nebraska 68845 ..............
1701 Plumcreek Parkway, Lexington, Nebraska 68850
5640 Cornhusker Highway, Lincoln, Nebraska 68507 ..
1602 North Highway 83, McCook, Nebraska 69001 .....
2412 South 11th Street, Nebraska City, Nebraska
68410.
2501 East 4th Street, North Platte, Nebraska 69101 ....
518 S Lincoln Avenue, York, Nebraska 68467 ..............
206 Sterling Run Blvd., Mount Orab, Ohio 45154 .........
724 Arlington Center, Ada, Oklahoma 74820 ................
1925 N Rockford Road, Ardmore, Oklahoma 73401 .....
4800 N Highway 81, Duncan, Oklahoma 73533 ...........
2424 West Main Street, Durant, Oklahoma 74701 ........
6 East Shawnee Road, Muskogee, Oklahoma 74403 ...
329 South Ash Street, Nowata, Oklahoma 74048 .........
2000 South Wood Drive, Okmulgee, Oklahoma 74447
715 North Mill Street, Pryor, Oklahoma 74361 ..............
1200 W U.S. Business Hwy. 380, Decatur, Texas
76234.
2725 Hwy. 75 North, Sherman, Texas 75090 ...............
2701 S Jack Kultgen Expressway, Waco, Texas 76706
102 College Park Drive, Weatherford, Texas 76086 .....
North Platte ........................
York ....................................
Mount Orab ........................
Ada .....................................
Ardmore .............................
Duncan ...............................
Durant ................................
Muskogee ..........................
Nowata ...............................
Okmulgee ...........................
Pryor ..................................
Decatur ..............................
Sherman ............................
Waco ..................................
Weatherford .......................
The purpose of this analysis is to
facilitate public comment on the
Consent Agreement. It is not intended to
constitute an official interpretation of
the Consent Agreement or to modify its
terms in any way.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2022–23245 Filed 10–25–22; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Healthcare Research and
Quality
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Proposed Project
Agency for Healthcare Research
and Quality, HHS.
ACTION: Notice.
AGENCY:
This notice announces the
intention of the Agency for Healthcare
Research and Quality (AHRQ) to request
that the Office of Management and
Budget (OMB) re-approve the proposed
information collection project ‘‘The
Systematic Review Data Repository
(SRDR) Platform’’. This proposed
information collection was previously
published in the Federal Register on
August 12, 2022 and allowed 60 days
for public comment. AHRQ did not
receive substantive comments during
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:37 Oct 25, 2022
Jkt 259001
public review period. The purpose of
this notice is to allow an additional 30
days for public comment.
DATES: Comments on this notice must be
received by November 25, 2022.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Doris Lefkowitz, AHRQ Reports
Clearance Officer, (301) 427–1477, or by
email at doris.lefkowitz@AHRQ.hhs.gov.
SUPPLEMENTARY INFORMATION:
‘‘The Systematic Review Data
Repository (SRDR) Platform’’
Since 1997, the AHRQ Evidencebased Practice Center (EPC) Program has
been reviewing relevant scientific
information on a wide spectrum of
clinical and health services topics to
produce various types of evidence
reports. A majority of these evidence
reports are systematic reviews (SRs),
which are used as evidence bases for
clinical practice guidelines, research
agendas, healthcare coverage, and other
health related policies. Performing SRs
is costly in time, labor, and money.
Moreover, there is an increasing
expectation of quicker turnaround in
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
Store No.
Buyer
24
95
101
115
42
25
100
63
70
67
Bomgaars.
Buchheit.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
102
27
173
22
86
85
83
56
156
23
54
178
Buchheit.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
Bomgaars.
175
177
176
Bomgaars.
Bomgaars.
Bomgaars.
producing SRs to accommodate the fast
moving pace of innovations and new
scientific discoveries in healthcare.
Some SRs overlap or are duplicated;
independent teams of SR producers
often extract data from the same studies,
resulting in replication of work. Current
methodology makes it difficult to
harness and reuse previous work when
updating SRs.
In an effort to reduce the economic
burden of conducting SRs, the EPC
program undertook development of a
collaborative, Web-based repository of
systematic review data called the
Systematic Review Data Repository
(SRDR). The OMB Control Number for
this data collection is 0935–0244, which
was last approved by OMB on October
16, 2019.
This resource serves as both an
archive and data extraction tool, shared
among organizations and individuals
producing SRs worldwide, enabling the
creation of a central database of SR data.
This database is collaboratively vetted,
freely accessible, and integrates
seamlessly with reviewers’ existing
workflows, with the ultimate goal of
facilitating the efficient generation and
update of evidence reviews, and thus
speeding and improving evidence-based
policy-making with regards to health
care.
Note that the SRDR system was
upgraded during the last period of OMB
clearance and is now designated as
SRDR+. We will use the term ‘‘SRDR
platform’’ to collectively denote the
E:\FR\FM\26OCN1.SGM
26OCN1
]]>Agencies
[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Notices]
[Pages 64791-64795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23245]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 211 0083]
Tractor Supply Company and Orscheln Farm and Home LLC; Analysis
of Agreement Containing Consent Orders To Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement; request for comment.
-----------------------------------------------------------------------
SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair methods of competition.
The attached Analysis of Proposed Consent Orders to Aid Public Comment
describes both the allegations in the complaint and the terms of the
consent orders--embodied in the consent agreement--that would settle
these allegations.
DATES: Comments must be received on or before November 25, 2022.
ADDRESSES: Interested parties may file comments online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Please write: ``Tractor Supply
Company and Orscheln Farm and Home LLC; File No. 211 0083'' on your
comment and file your comment online at https://www.regulations.gov by
following the instructions on the web-based form. If you prefer to file
your comment on paper, please mail your comment to the following
address: Federal Trade Commission, Office of the Secretary, 600
Pennsylvania Avenue NW, Suite CC-5610 (Annex D), Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Laura Krachman (202-326-2895), Bureau
of Competition, Federal Trade Commission, 400 7th Street SW,
Washington, DC 20024.
SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule Sec. 2.34, 16 CFR
2.34, notice is hereby given that the above-captioned consent agreement
containing a consent order to cease and desist, having been filed with
and accepted, subject to final approval, by the Commission, has been
placed on the public record for a period of 30 days. The following
Analysis of Agreement Containing Consent Orders to Aid Public Comment
describes the terms of the consent agreement and the allegations in the
complaint. An electronic copy of the full text of the consent agreement
package can be obtained from the FTC website at this web address:
https://www.ftc.gov/news-events/commission-actions.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before November 25,
2022. Write ``Tractor Supply Company and Orscheln Farm and Home LLC;
File No. 211 0083'' on your comment. Your comment--including your name
and your state--will be placed on the public record of this proceeding,
including, to the extent practicable, on the https://www.regulations.gov website.
Due to protective actions in response to the COVID-19 pandemic and
the agency's heightened security screening, postal mail addressed to
the Commission will be delayed. We strongly encourage you to submit
your comments online through the https://www.regulations.gov website.
If you prefer to file your comment on paper, write ``Tractor Supply
Company and Orscheln Farm and Home LLC; File No. 211 0083'' on your
comment and on the envelope, and mail your comment to the following
address: Federal Trade Commission, Office of the Secretary, 600
Pennsylvania Avenue NW, Suite CC-5610 (Annex D), Washington, DC 20580.
Because your comment will be placed on the publicly accessible
website at https://www.regulations.gov, you are solely responsible for
making sure your comment does not include any sensitive or confidential
information. In particular, your comment should not include sensitive
personal information, such as your or anyone else's Social Security
number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. You are also
solely responsible for making sure your comment does not include
sensitive health information, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule Sec.
4.10(a)(2), 16 CFR 4.10(a)(2)--including competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule Sec. 4.9(c). In
particular, the written request for confidential treatment that
accompanies the comment must include the factual and legal basis for
the request and must identify the specific portions of the comment to
be withheld from the public record. See FTC Rule Sec. 4.9(c). Your
comment will be kept confidential only if the General Counsel grants
your request in accordance with the law and the public interest. Once
your comment has been posted on https://www.regulations.gov--as legally
required by FTC Rule Sec. 4.9(b)--we cannot redact or remove your
comment from that website, unless you submit a confidentiality request
that meets the
[[Page 64792]]
requirements for such treatment under FTC Rule Sec. 4.9(c), and the
General Counsel grants that request.
Visit the FTC website at https://www.ftc.gov to read this document
and the news release describing this matter. The FTC Act and other laws
the Commission administers permit the collection of public comments to
consider and use in this proceeding, as appropriate. The Commission
will consider all timely and responsive public comments it receives on
or before November 25, 2022. For information on the Commission's
privacy policy, including routine uses permitted by the Privacy Act,
see https://www.ftc.gov/site-information/privacy-policy.
Analysis of Agreement Containing Consent Orders To Aid Public Comment
I. Introduction
The Federal Trade Commission (``Commission'') has accepted, subject
to final approval, an Agreement Containing Consent Orders (``Consent
Agreement'') to be put on the public record for comment. The Consent
Agreement is with Tractor Supply Company (``Tractor Supply'') and
Orscheln Farm and Home LLC (``Orscheln'') (collectively, the
``Respondents''). The proposed Decision and Order (``D&O''), included
in the Consent Agreement and subject to final Commission approval, is
designed to remedy the anticompetitive effects that would result from
Tractor Supply's proposed acquisition of Orscheln.
On February 17, 2021, Tractor Supply and Orscheln entered into an
agreement whereby Tractor Supply would acquire Orscheln for
approximately $320 million (``the Proposed Transaction''). The
Commission's Complaint alleges that the Proposed Transaction, if
consummated, would violate Section 7 of the Clayton Act, as amended, 15
U.S.C. 18, and Section 5 of the FTC Act, as amended, 15 U.S.C. 45, by
removing a direct and substantial farm store competitor in 84 relevant
markets. The elimination of this competition would result in
significant competitive harm; specifically, absent a remedy, the
Proposed Transaction would allow the combined entity to increase prices
above competitive levels unilaterally. Similarly, absent a remedy,
there is significant risk that the combined entity may decrease
quality, selection, and service aspects of its stores below competitive
levels in the relevant markets.
The Consent Agreement, which contains the proposed D&O and Order to
Maintain Assets, would remedy the alleged violations by requiring
divestitures to replace competition that otherwise would be lost in the
relevant markets because of the Proposed Transaction. Under the terms
of the proposed D&O, Respondents are required to divest 84 stores and
related assets in 84 local geographic markets (collectively, the
``relevant markets'') in 10 states (Arkansas, Indiana, Iowa, Kansas,
Kentucky, Missouri, Nebraska, Ohio, Oklahoma, and Texas) to the
Commission-approved buyers, Bomgaars Supply, Inc. (``Bomgaars'') and
Buchheit Enterprises, Inc. (``Buchheit''). The Commission and
Respondents have agreed to an Order to Maintain Assets that requires
Respondents to operate and maintain each divestiture store in the
normal course of business through the date the store is ultimately
divested to Bomgaars and Buchheit.
The Consent Agreement with the proposed D&O and the Order to
Maintain Assets has been placed on the public record for 30 days for
receipt of comments from interested persons. Comments received during
this period will become part of the public record. After 30 days, the
Commission will review the D&O as well as any comments received, and
decide whether it should withdraw, modify, or make the D&O final. The
Commission is issuing the Order to Maintain Assets when the Consent
Agreement is placed on the public record.
II. The Respondents
Respondent Tractor Supply operates over 2,000 farm stores, with
stores located in every state except Alaska. Tractor Supply is the
largest farm store chain, by store count, in the United States.
Respondent Orscheln operates 166 farm stores under the Orscheln Farm &
Home banner in Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky,
Missouri, Nebraska, Ohio, Oklahoma, and Texas. Orscheln is the second
largest farm store chain, by store count, in the United States.
III. Competition in the Relevant Markets
The Proposed Transaction presents substantial antitrust concerns
for the products sold and services provided at brick-and-mortar farm
stores. Farm stores offer their customers a broad, in-store assortment
of products across multiple product categories to meet their farming,
ranching, or other rural lifestyle needs, along with staff
knowledgeable about the products. Farm stores sell a wide range of
products, including, but not limited to, large animal and pet feed;
supplies to care for horses, other livestock, and pets; fencing;
equipment and tools used for farm or lawn and garden maintenance;
workwear; and home goods. This broad product mix enables customers to
purchase products to meet substantially all their farm or rural
lifestyle needs and to receive accompanying service from knowledgeable
employees at a single store. The brick-and-mortar shopping environment
also provides customers with the ability to touch and feel products
before buying them, and in-person access to knowledgeable sales staff.
The ability to offer consumers this in-person, one-stop shopping
experience is a key difference between farm stores and other retailers.
Other types of brick-and-mortar retailers are not reasonable
substitutes for farm stores. Retail stores other than farm stores,
including big box general merchandisers, grocery stores, pet stores,
and home improvement stores may sell some of the same products as farm
stores, but they do not carry the same breadth and variety of rural
lifestyle products as farm stores. Such retailers typically lack the
breadth of rural lifestyle products that enables farm stores to meet
substantially all their customers' rural lifestyle needs in one
convenient stop.
Online retailers also are not reasonable substitutes for brick-and-
mortar farm stores. Online retailers cannot provide their customers the
ability to touch and feel products prior to purchase, nor can they
offer in-person access to knowledgeable sales staff to learn about
products best suited for their rural lifestyle needs. Additionally,
online retailers require time to deliver their products to their
customers, while farm stores provide their customers with immediate
access to products that meet essential or immediate needs, such as
animal feed when a customer runs out or components to fix broken farm
equipment. Furthermore, many products sold at farm stores are not
conducive to selling online, as they are large and heavy, and therefore
impractical or expensive to ship.
The relevant geographic markets in which to analyze the effects of
the Proposed Transaction are the areas within a reasonable drive of
Orscheln's stores listed in Exhibit A, as these are areas in which
Respondents' farm stores compete. When choosing between farm store
competitors, a customer is typically choosing between farm stores
within a reasonable driving distance of the customer's farm or home.
The area within a reasonable drive of a farm store varies depending on
a store's location, geography, population density, traffic conditions,
and other local
[[Page 64793]]
characteristics. While individual markets may be significantly smaller,
typically no relevant geographic market is broader than the area within
a 60-mile drive of the stores.
The Proposed Transaction would eliminate direct and substantial
competition between Respondents Tractor Supply and Orscheln to the
detriment of their customers in the relevant markets. Respondents are
close competitors and focus on the same types of customers. They
compete on price and non-price factors, such as customer service and
product selection, resulting in lower prices and other benefits to
their customers. With this head-to-head competition removed, the
Proposed Transaction would enable the combined entity to increase
prices and decrease the quality and selection of products and services
at their farm stores in the relevant markets.
Entry into the relevant markets that is timely and sufficient to
prevent or counteract the expected anticompetitive effects of the
Proposed Transaction is unlikely to occur. Entry barriers include the
time and costs associated with conducting necessary market research,
selecting an appropriate location for a farm store, obtaining necessary
permits and approvals, constructing a new farm store or converting an
existing structure to a farm store, and generating sufficient sales to
have a meaningful impact on the market. As a result, new entry
sufficient to achieve a significant market impact and act as a
competitive constraint is unlikely to occur in a timely manner.
IV. The Proposed Order and the Order To Maintain Assets
The proposed D&O and the Order to Maintain Assets effectively
remedy the likely anticompetitive effects in the relevant markets. The
proposed D&O, which requires the divestiture of Orscheln stores in each
of the 84 relevant markets to Commission-approved, upfront buyers, will
restore competition that otherwise would be eliminated in these markets
because of the Proposed Transaction. The proposed buyers, Buchheit and
Bomgaars, appear to be suitable purchasers well-positioned to enter the
relevant markets through the divested stores and prevent competitive
harm that would otherwise likely result from the Potential Transaction.
The proposed D&O requires Respondents to divest 12 stores, as
ongoing businesses, and related assets to Buchheit within 10 days of
Respondents consummating the Proposed Transaction. For up to six months
afterwards Respondents will provide transitional assistance to Buchheit
to ensure that Buchheit can operate the stores similarly to how the
stores were operated prior to the Proposed Transaction.
Buchheit appears to be a suitable purchaser for the 12 divestiture
stores it intends to acquire. Buchheit is a family-owned company that
has operated retail stores since the 1930s. It currently operates eight
farm stores in Missouri and Illinois and has over 650 employees.
Buchheit also operates a warehousing and shipping service through
Buchheit Logistics and a feed and fertilizer manufacturer through
Buchheit Agriculture. Buchheit has sufficient financing to fund the
acquisition and operate the newly acquired stores. Buchheit also
appears to have sufficient distribution and supply capabilities for
both the newly acquired stores and its currently operated stores.
The proposed D&O further requires Respondents to divest 72 stores,
as ongoing businesses, and related assets to Bomgaars within 10 days of
Respondents consummating the Proposed Transaction. For up to 15 months
afterwards Respondents will provide transitional assistance to Bomgaars
to ensure that Bomgaars can operate the stores similarly to how the
stores were operated prior to the Proposed Transaction.
The proposed D&O also requires that the Respondents divest
Orscheln's distribution center in Moberly, Missouri to Bomgaars. The
Orscheln stores that Tractor Supply will be acquiring and keeping
currently utilize the Moberly distribution center. The proposed D&O
requires Tractor Supply to transition these Orscheln stores out of the
Moberly distribution center and to permanently cease reliance on the
Moberly distribution center no later than December 31, 2023. Bomgaars
will take ownership of the distribution center within ten days
thereafter.
Bomgaars appears to be a suitable purchaser for the 72 divesture
stores it intends to acquire and for Orscheln's distribution center in
Moberly, Missouri. Bomgaars is a family-owned farm store operator with
over 70 years of experience running farm stores in the Midwest.
Bomgaars has over 100 farm stores located throughout eight midwestern
states and approximately 3,000 employees. Bomgaars has sufficient
financing to fund the acquisition and operate the newly acquired stores
and distribution center. Also, with the addition of the divested
distribution center, Bomgaars appears to have sufficient distribution
and supply capabilities for both the newly acquired stores and its
currently operated stores.
The proposed D&O contains additional provisions designed to ensure
the adequacy of the proposed relief. For example, the proposed D&O and
the Order to Maintain Assets require Respondents to continue operating
and maintaining the divestiture stores in the normal course of business
until the date that each store is sold to the buyer. If, at any time
before the proposed D&O is made final, the Commission determines that
Bomgaars or Buchheit is not an acceptable buyer, Respondents must
rescind the divestiture(s) and divest the assets to a different buyer
that receives the Commission's prior approval. The proposed D&O imposes
other terms, including the obligation to provide Transition Assistance
and an obligation to facilitate the buyers interviewing and hiring
employees.
Moreover, the proposed D&O sets a strict timeline by which the
Respondents must separate the retained Orscheln stores from the Moberly
distribution center, requiring separating 12 by April 30, 2023, 40 by
July 31, 2023, 60 by October 31, 2023, and the remaining stores by
December 31, 2023. Additionally, the proposed D&O includes some newer
provisions to ensure its effectiveness, including provisions that
appoint a Transition Manager for each buyer, who will be responsible
for directing the provision of Transitional Assistance to that buyer,
require physical separation of the employees providing assistance to
each buyer, and increase the frequency of compliance reporting.
The proposed D&O also requires the appointment of Larry Appel as an
independent Monitor to oversee the Respondents' compliance with the
requirements of the proposed D&O and the Order to Maintain Assets, and
to keep the Commission informed about the status of the transfer of the
divested assets. Additionally, the proposed D&O requires the
Respondents to receive the Commission's prior approval, for a period of
10 years, to acquire any interest in a farm store that has operated or
is operating within a 60-mile radius of a divested store. Finally, the
proposed D&O also prohibits the Respondents from entering into or
enforcing agreements to restrict a new owner from operating a farm
store at any store Respondents may sell in these areas.
The proposed D&O also contains a ten-year prior approval provision
relating to the buyers, which prohibits them from selling acquired
stores for a period of three years after the proposed
[[Page 64794]]
D&O is issued, except to an acquirer that receives the prior approval
of the Commission. The initial three-year period is followed by an
additional seven-year period during which the buyers are required to
receive prior approval from the Commission to sell an acquired store to
a buyer that operates one or more farm stores within a 60-mile radius
of a divested store the respective buyer acquired.
Exhibit A
----------------------------------------------------------------------------------------------------------------
State City Address Store No. Buyer
----------------------------------------------------------------------------------------------------------------
Arkansas........................ Jonesboro.......... 1817 E Parker Road, 163 Buchheit.
Jonesboro, Arkansas
72404.
Paragould.......... 420 Highway 49 North, 137 Buchheit.
Paragould, Arkansas
72451.
Pocahontas......... 1966 Highway 62 West, 138 Buchheit.
Pocahontas, Arkansas
72455.
Springdale......... 211 N Maestri Road, 44 Bomgaars.
Springdale, Arkansas
72762.
Indiana......................... Charlestown........ 1085\1/2\ Market Street, 112 Bomgaars.
Charlestown, Indiana
47111.
Corydon............ 1805 Gardner Lane, 111 Bomgaars.
Corydon, Indiana 47112.
Greenfield......... 1875 East Main Street, 107 Bomgaars.
Greenfield, Indiana
46140.
Lawrenceburg....... 181 South Tanners Creek 106 Bomgaars.
Drive, Lawrenceburg,
Indiana 47025.
North Vernon....... 2110 N State Highway 3, 162 Bomgaars.
North Vernon, Indiana
47265.
Richmond........... 2100 National Road West, 108 Bomgaars.
Richmond, Indiana 47374.
Scottsburg......... 1326 North Gardner 126 Bomgaars.
Street, Scottsburg,
Indiana 47170.
Tell City.......... 212 East Highway 66, 134 Bomgaars.
Tell City, Indiana
47586.
Washington......... 1 Cherry Tree Plaza, 110 Bomgaars.
Washington, Indiana
47501.
Winchester......... 970 East Washington 144 Bomgaars.
Street, Winchester,
Indiana 47394.
Iowa............................ Fairfield.......... 2107 West Burlington 20 Bomgaars.
Avenue, Fairfield, Iowa
52556.
Kansas.......................... Ottumwa............ 1331 Vaughn Drive, 99 Bomgaars.
Ottumwa, Iowa 52501.
Atchison........... 605 S 10th Street, 80 Bomgaars.
Atchison, Kansas 66002.
Basehor............ 15256 Wolf Creek 157 Bomgaars.
Parkway, Basehor,
Kansas 66007.
Concordia.......... 1620 Lincoln Street, 127 Bomgaars.
Concordia, Kansas 66901.
Dodge City......... 1701 North 14th Avenue, 34 Bomgaars.
Dodge City, Kansas
67801.
El Dorado.......... 2908 W Central Avenue, 69 Bomgaars.
El Dorado, Kansas 67042.
Garden City........ 1309 North Taylor 55 Bomgaars.
Avenue, Garden City,
Kansas 67846.
Gardner............ 18710 South Gardner 172 Bomgaars.
Road, Gardner, Kansas
66030.
Goddard............ 20200 West Kellogg 161 Bomgaars.
Avenue, Goddard, Kansas
67052.
Great Bend......... 5320 10th Street, Great 31 Bomgaars.
Bend, Kansas 67530.
Hays............... 2900 Broadway Avenue, 58 Bomgaars.
Hays, Kansas 67601.
Hutchinson......... 1500 East 11th Street, 32 Bomgaars.
Hutchinson, Kansas
67501.
Iola............... 1918 North State Street, 148 Bomgaars.
Iola, Kansas 66749.
Lawrence........... 1541 E 23rd Street, 48 Bomgaars.
Lawrence, Kansas 66046.
Louisburg.......... 1160 West Amity Street, 147 Bomgaars.
Louisburg, Kansas 66053.
Manhattan.......... 427 Hummels Place, 39 Bomgaars.
Manhattan, Kansas 66502.
McPherson.......... 2204 East Kansas Avenue, 60 Bomgaars.
McPherson, Kansas 67460.
Newton............. 321 Windward Drive, 43 Bomgaars.
Newton, Kansas 67114.
Parsons............ 211 East Main Street, 21 Bomgaars.
Parsons, Kansas 67357.
Pratt.............. 1601 1st Street, Pratt, 33 Bomgaars.
Kansas 67124.
Salina............. 360 North Ohio Street 57 Bomgaars.
#57, Salina, Kansas
67401.
Topeka............. 1133 SW Wanamaker Road, 37 Bomgaars.
Topeka, Kansas 66604.
Kentucky........................ Murray............. 700 A North 12th Street, 93 Buchheit.
Murray, Kentucky 42071.
Radcliff........... 135 East Lincoln Trail, 154 Bomgaars.
Radcliff, Kentucky
40160.
Missouri........................ Blue Springs....... 1100 S Hwy 7 Lot 1, Blue 174 Buchheit.
Springs, Missouri 64014.
Columbia........... 3300 Paris Road, 9 Buchheit.
Columbia, Missouri
65202.
Columbia (South)... 3910 South Providence 158 Buchheit.
Road, Columbia,
Missouri 65203.
Dexter............. 1525 West Business 47 Bomgaars.
Highway 60, Dexter,
Missouri 63841.
Fulton............. 1310 Business 54 South, 11 Buchheit.
Fulton, Missouri 65251.
Holden............. 1000 East 10th Street, 120 Bomgaars.
Holden, Missouri 64040.
Houston............ 1476 South Sam Houston 118 Bomgaars.
Blvd., Houston,
Missouri 65483.
Missouri........................ Jane............... 107 Gordon Hollow Road, 160 Bomgaars.
Jane, Missouri 64856.
Jefferson City..... 2304 Missouri Boulevard, 41 Buchheit.
Jefferson City,
Missouri 65109.
Kirksville......... 2302 South Baltimore 153 Buchheit.
Street, Kirksville,
Missouri 63501.
Marshfield......... 1331 Spur Drive, 135 Bomgaars.
Marshfield, Missouri
65706.
Monroe City........ 1110 Hwy. 24-36 East 151 Bomgaars.
Unit #50, Monroe City,
Missouri 63456.
Poplar Bluff....... 2235 N Westwood Blvd., 84 Bomgaars.
Poplar Bluff, Missouri
63901.
Republic........... 1055 U.S. Highway 60 117 Bomgaars.
East Republic, Missouri
65738.
Sedalia............ 2424 South Limit 1 Bomgaars.
Sedalia, Missouri 65301.
St. Joseph......... 137 North Belt Highway, 53 Bomgaars.
St. Joseph, Missouri
64504.
Sullivan........... 124 East South Service 38 Bomgaars.
Road, Sullivan,
Missouri 63080.
Troy............... 1 Lincoln Center, 45 Bomgaars.
Highway 47, Troy,
Missouri 63379.
Warsaw............. 1551 Commercial Street, 125 Bomgaars.
Warsaw, Missouri 65355.
Washington......... 860 Washington Corners, 12 Bomgaars.
Washington, Missouri
63090.
[[Page 64795]]
Waynesville........ 110 C W Parker Lane, 24 Bomgaars.
Waynesville, Missouri
65583.
Beatrice........... 2415 North 6th Street, 95 Buchheit.
Beatrice, Nebraska
68310.
Nebraska........................ Gothenburg......... 716 4th Street, 101 Bomgaars.
Gothenburg, Nebraska
69138.
Grand Island....... 515 South Webb Road, 115 Bomgaars.
Grand Island, Nebraska
68803.
Hastings........... 1315 West J Street, 42 Bomgaars.
Hastings, Nebraska
68901.
Kearney............ 910 Third Avenue, 25 Bomgaars.
Kearney, Nebraska 68845.
Lexington.......... 1701 Plumcreek Parkway, 100 Bomgaars.
Lexington, Nebraska
68850.
Lincoln............ 5640 Cornhusker Highway, 63 Bomgaars.
Lincoln, Nebraska 68507.
McCook............. 1602 North Highway 83, 70 Bomgaars.
McCook, Nebraska 69001.
Nebraska City...... 2412 South 11th Street, 67 Bomgaars.
Nebraska City, Nebraska
68410.
North Platte....... 2501 East 4th Street, 102 Buchheit.
North Platte, Nebraska
69101.
York............... 518 S Lincoln Avenue, 27 Bomgaars.
York, Nebraska 68467.
Ohio............................ Mount Orab......... 206 Sterling Run Blvd., 173 Bomgaars.
Mount Orab, Ohio 45154.
Oklahoma........................ Ada................ 724 Arlington Center, 22 Bomgaars.
Ada, Oklahoma 74820.
Ardmore............ 1925 N Rockford Road, 86 Bomgaars.
Ardmore, Oklahoma 73401.
Duncan............. 4800 N Highway 81, 85 Bomgaars.
Duncan, Oklahoma 73533.
Durant............. 2424 West Main Street, 83 Bomgaars.
Durant, Oklahoma 74701.
Muskogee........... 6 East Shawnee Road, 56 Bomgaars.
Muskogee, Oklahoma
74403.
Nowata............. 329 South Ash Street, 156 Bomgaars.
Nowata, Oklahoma 74048.
Okmulgee........... 2000 South Wood Drive, 23 Bomgaars.
Okmulgee, Oklahoma
74447.
Pryor.............. 715 North Mill Street, 54 Bomgaars.
Pryor, Oklahoma 74361.
Texas........................... Decatur............ 1200 W U.S. Business 178 Bomgaars.
Hwy. 380, Decatur,
Texas 76234.
Sherman............ 2725 Hwy. 75 North, 175 Bomgaars.
Sherman, Texas 75090.
Waco............... 2701 S Jack Kultgen 177 Bomgaars.
Expressway, Waco, Texas
76706.
Weatherford........ 102 College Park Drive, 176 Bomgaars.
Weatherford, Texas
76086.
----------------------------------------------------------------------------------------------------------------
The purpose of this analysis is to facilitate public comment on the
Consent Agreement. It is not intended to constitute an official
interpretation of the Consent Agreement or to modify its terms in any
way.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2022-23245 Filed 10-25-22; 8:45 am]
BILLING CODE 6750-01-P
