FTC Approves Final Order Preserving Competition in Three Pennsylvania Terminal Markets for Light Petroleum Products

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Following a public comment period, the Federal Trade Commission has approved a final order settling charges that energy investor ArcLight Energy Partners Fund VI, L.P.’s acquisition of Gulf Oil Limited Partnership from its parent company, Cumberland Farms, Inc., would likely be anticompetitive.

Under the order, first announced in December 2015, ArcLight and Gulf are required to divest to Arc Logistics Partners LP, or another acquirer approved by the Commission, four of Gulf’s Pennsylvania light petroleum product terminals to remedy competitive concerns in three local markets: one in Altoona; one in Pittston Township in the Scranton market; and one each in Mechanicsburg and Williamsport in the Harrisburg market. During the transition, ArcLight also is required to maintain minimum throughput volumes, to supply Arc Logistics with renewable fuels, and to allow customers to cancel without penalty so that Arc Logistics can compete for them.

The Commission vote approving the final order was 4-0. (FTC File No. 151 0149; the staff contact is Jennifer Milici, Bureau of Competition, 202-326-2881)

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