Paul L. Foster, Western Refining, Inc., and Giant Industries, Inc., In the Matter of

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In the Matter of Paul L. Foster, Western Refining, Inc., and Giant Industries, Inc.
FTC Matter/File Number:

0610259

Docket Number:

9323

Enforcement Type:

Federal Injunctions

Federal Court:
District of New Mexico

Case Summary

The Commission issued an administrative complaint and initiated federal court action to block Western Refining, Inc.’s $1.4 billion proposed acquisition of rival energy company Giant Industries, Inc. to preserve competition in the supply of bulk light petroleum products, including motor gasoline, diesel fuels, and jet fuels, in northern New Mexico. After a week-long trial, the federal district court denied the Commission’s motion for a preliminary injunction, rejecting arguments that Giant had unique opportunities to increase supply and lower fuel prices in northern New Mexico. In October of 2007, the Commission dismissed its administrative complaint, concluding that further prosecution would not be in the public interest.

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