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Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Arko Holdings Ltd.’s acquisition of Empire Petroleum Partners, LLC would violate federal antitrust law.

According to the complaint, which was first announced in August 2020, the proposed acquisition would harm competition for retail sale of gasoline in seven local markets in Indiana, Michigan, Maryland, and Texas. In three of these local markets, competition for the retail sale of diesel fuel would also be harmed.

The final order requires GPM and Empire to divest fuel assets to an independent competitor in each local market no later than 20 days after their acquisition is final. The order requires the companies to provide transitional services as needed to the divestiture buyers for up to 15 months after divesting the assets.

The Commission vote approving the final order was 3-0-2. Commissioners Rebecca Kelly Slaughter and Christine S. Wilson did not participate.

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Steven Couper
Bureau of Competition