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Alimentation Couche-Tard and CST Brands, In the Matter of

Alimentation Couche-Tard Inc. agreed to divest up to 71 retail fuel stations with convenience stores to Empire Petroleum Partners in order to settle charges that ACT’s proposed $4.4 billion acquisition of competitor CST Brands, Inc. would violate federal antitrust law. The divestiture order requires ACT to divest 70 CST fuel stations to Empire, and to give Empire the option of acquiring an additional location owned by ACT. The fuel stations to be divested are in Arizona, Colorado, Florida, Georgia, Louisiana, New Mexico, Ohio, and Texas. According to the complaint, the geographic markets for the retail sale of gasoline and diesel are localized, generally ranging from a few blocks to a few miles. The complaint alleges that without a remedy the merger would significantly increase market concentration for the retail sales of gasoline or diesel in each of the 71 local markets, resulting in a monopoly in ten markets and reducing the number of competitors in the rest to two or three.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
161 0207
Docket No. C-4618
Plain Language Guidance

Complying with the FTC Fuel Rating Rule

Date
Introduction What the Rule Requires Who Must Comply How Penalties Are Assessed What Automotive Fuels are Covered Gasoline Alternative Liquid Automotive Fuels Is Diesel Covered? The Automotive Fuel...

Energy Transfer Equity/The Williams Companies, In the Matter of

Energy companies Energy Transfer Equity, L.P. (“ETE”), and The Williams Companies, Inc., agreed to divest Williams’ interest in an interstate natural gas pipeline to proceed with ETE’s proposed acquisition of Williams. According to the complaint, the proposed merger, if consummated, would have reduced competition in the market for “firm” – i.e., guaranteed – pipeline capacity to deliver natural gas to points within the Florida peninsula. In Florida, natural gas is extensively used for electric power generation, making competitive access to constant and reliable sources of supply critical. The complaint alleges that absent a remedy, the acquisition would eliminate the competition between FGT and Gulfstream, which historically has enabled Florida customers to obtain lower transportation rates and better terms of service. It also would have resulted in a pipeline monopoly at many natural gas delivery points within the peninsula.  The complaint also alleges that the proposed merger likely would harm future competition from a new interstate pipeline, Sabal Trail Transmission LLC, which is scheduled to start transporting natural gas to parts of the Florida peninsula in May 2017. According to the complaint, Sabal Trail and its future customers will rely on leased access to a segment of the Transco Pipeline, a Williams-owned, large interstate pipeline, for natural gas supply. The complaint alleges that the newly merged company would have an incentive to deny Sabal Trail additional capacity expansions on Transco because ETE’s FGT pipeline is a closer competitor to Sabal Trail than was Williams’ Gulfstream pipeline.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
151 0172
Docket Number
C-4377

ArcLight Energy Partners Fund VI, L.P., In the Matter of

ArcLight Energy Partners Fund VI, L.P., agreed to divest its ownership interest in four light petroleum product terminals in Pennsylvania, to settle charges that ArcLight’s acquisition of Gulf Oil Limited Partnership from its parent company, Cumberland Farms, Inc., would likely be anticompetitive in three Pennsylvania terminal markets: Altoona, where ArcLight would own the only terminal handling gasoline and one of two terminals handling distillates; Scranton, where ArcLight would own one of two terminals handling gasoline and distillates; and Harrisburg, where ArcLight would own one of two terminals handling gasoline and one of three terminals handling distillates.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
151 0149
Docket Number
C-4563