FTC Orders Divestment of Gas Stations to Avoid Harming Competition in Local Markets

  • The Federal Trade Commission (“FTC”) issued an order requiring energy company Arko Holdings Ltd. and its subsidiaries (collectively “Arko”) to divest certain assets after determining that its proposed acquisition of Empire Petroleum Partners, LLC (“Empire”) would harm competition and violate the FTC Act and the Clayton Act.
  • The complaint alleged that Arko and Empire both own and operate gas stations in several local markets and that Arko’s proposed acquisition would reduce the number of market participants and harm competition for retail sales of gasoline and diesel in these geographic regions.
  • Under the terms of the order, Arco and Empire are required to divest Empire’s retail fuel assets to an independent competitor in each of the local markets impacted by Arco’s acquisition no later than 20 days after the acquisition is final.