Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the agreement not to compete that ARKO Corp. and its subsidiary GPM required Corrigan Oil Company to sign when it was acquired by ARKO harmed customers in local retail gasoline and retail diesel fuel markets throughout Michigan and Ohio.
The FTC’s order limited an agreement not to compete that ARKO and GPM imposed on Corrigan Oil Company, and Corrigan was restored as the operator of five retail fuel outlets in five local Michigan markets.
First announced in June 2022, the complaint alleged that Corrigan was required not to compete not only in the 60 local markets where ARKO and GPM acquired fuel outlets, but also in many other markets. The complaint also alleged that, even in the 60 markets where fuel outlets were acquired, the noncompete agreement was unreasonably overbroad in geographic scope and longer than reasonably necessary to protect a legitimate business interest.
The Commission vote to approve the final order was 5-0.