Following a public comment period, the Federal Trade Commission has approved a final order settling charges that 7-Eleven’s acquisition of Marathon’s Speedway subsidiary violated federal antitrust laws.
According to the modified complaint, the acquisition harmed competition for the retail sale of fuel in 292 local markets across Arizona; California; Florida; Illinois; Indiana; Kentucky; Massachusetts; Michigan; North Carolina; New Hampshire; Nevada; New York; Ohio; Pennsylvania; Rhode Island; South Carolina; Tennessee; Utah; Virginia, and West Virginia. The Commission modified the complaint to remove a single divestiture location that no longer presents a competitive concern as one of the party assets is exiting the market independent of the acquisition.
The modified final order requires, among other conditions, that 7-Eleven, Inc. and Marathon divest 124 retail fuel outlets to Anabi Oil, 106 outlets to Cross America Partners, and 62 outlets to Jacksons Food Stores. The order also prohibits 7-Eleven from enforcing any noncompete provisions as to any franchisees or employees working at or doing business with the divested assets.
The Commission vote to approve the final order was 3-0-1, with Chair Lina M. Khan not participating.