UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
Current Report
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
April 19, 2007
Date of Report (Date of earliest event reported)
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THE GREAT ATLANTIC & PACIFIC
TEA COMPANY, INC.
(Exact name of registrant as specified in its charter)
Maryland 1-4141 13-1890974
(State or other jurisdiction of (Commission file number) (I.R.S. Employer
incorporation or organization) Identification No.)
Two Paragon Drive
Montvale, New Jersey 07645
(Address of principal executive offices)
(201) 573-9700
(Registrant's telephone number, including area code)
Not Applicable
(Former name or former address, if changed since last report)
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Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
__ Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
__ Soliciting material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
__ Pre-commencement communications pursuant to Rule 14d-2(b)
under the Exchange Act (17 CFR 240.14d- 2(b))
__ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange
Act (17 CFR 240.13e-4(c))
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Item 8.01 Other Events
On April 19, 2007, the Company issued a press release announcing that
on April 18, 2007 the Federal Trade Commission (FTC) issued a Request for
Additional Information and Documentary Material - commonly known as a
"Second Request" - in connection with A&P's recent agreement to acquire
Pathmark Stores, Inc. The Second Request was issued to the Tengelmann Group
as A&P's majority shareholder. The request for information was issued
pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR
Act). A copy of the April 19, 2007 press release is attached hereto as an
Exhibit 99.1.
(c) Exhibits. The following exhibit is filed herewith:
Exhibit No. Description
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99.1 Press Release dated April 19, 2007
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
Dated: April 20, 2007
THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.
By: /s/ Allan Richards
Allan Richards, Senior Vice President,
Human Resources, Labor Relations,
Legal Services & Secretary
EXHIBIT INDEX
Exhibit No. Description
99.1 Press release dated April 19, 2007
News
Exhibit 99.1
The Great Atlantic & Pacific Tea Company, Inc.
2 Paragon Drive
Montvale, NJ 07645
Investor contact: William J. Moss
Vice President, Treasurer
(201) 571-4019
Press contact: Richard P. De Santa
Senior Director, Corporate Affairs
(201) 571-4495
For Immediate Release
A&P Receives "Second Request"From FTC For Pathmark Merger Related Information
MONTVALE, N.J. - (April 19) - The Great Atlantic & Pacific Tea Company, Inc.
(A&P)(NYSE:GAP) today announced that yesterday the Federal Trade Commission
(FTC) issued a Request for Additional Information and Documentary Material -
commonly known as a "Second Request" - in connection with A&P's recent agreement
to acquire Pathmark Stores, Inc. The Second Request was issued to the Tengelmann
Group as A&P's majority shareholder. The request for information was issued
pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act).
The Company said the effect of this action is essentially to extend the waiting
period pursuant to the HSR Act until 30 days following the Company's substantial
compliance with the Second Request, unless the FTC terminates the waiting period
earlier. A&P will continue cooperating with the FTC's review, and will comply
with the Second Request in a timely fashion.
The Company continues to expect the transaction to close in the second half of
A&P's current fiscal year ending in February 2008.
Founded in 1859, A&P is one of the nation's first supermarket chains. The
Company operates 410 stores in 9 states and the District of Columbia under the
following trade names: A&P, Waldbaum's, The Food Emporium, Super Foodmart, Super
Fresh, Farmer Jack, Sav-A-Center and Food Basics.
This release contains forward-looking statements about the future performance of
the Company, which are based on Management's assumptions and beliefs in light of
the information currently available to it. The Company assumes no obligation to
update the information contained herein. These forward-looking statements are
subject to uncertainties and other factors that could cause actual results to
differ materially from such statements including, but not limited to:
competitive practices and pricing in the food industry generally and
particularly in the Company's principal markets; the Company's relationships
with its employees and the terms of future collective bargaining agreements; the
costs and other effects of legal and administrative cases and proceedings; the
nature and extent of continued consolidation in the food industry; changes in
the financial markets which may affect the Company's cost of capital and the
ability of the Company to access capital; supply or quality control problems
with the Company's vendors; and changes in economic conditions which affect the
buying patterns of the Company's customers.
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