Sun Company, Inc. Has Petitioned the FTC To Reopen and Set Aside a 1989 Consent Order

Sun Company, Inc. has petitioned the Federal Trade Commission to reopen and set aside a 1989 consent order that requires divestiture of certain light petroleum assets, and also mandates that Sun obtain Commission approval before acquiring any light petroleum products terminals or pipelines in certain parts of New York and Pennsylvania.

As an alternative, Sun has asked that the prior-approval provision be set aside or that prior notification be substituted for prior approval. Sun is based in Philadelphia, Pennsylvania. Comments on the petition will be accepted for 30 days, until Feb. 20.

The 1989 order settled FTC charges that Sun Company's acquisition of Atlantic Petroleum Maatschappij, B.V. would have lessened competition in the wholesale distribution and marketing of light petroleum products from terminals in Williamsport, Pennsylvania, and Binghamton, New York. Light petroleum products include gasoline, diesel fuel and home heating oil. Among other things, the order requires Sun, for 10 years, to obtain FTC approval before acquiring light products terminals or pipelines located in Pennsylvania or New York, from Orange and Putnam counties north.

In its petition, Sun states that all of the substantive requirements of the order have been fulfilled. It noted the FTC's prior-approval policy, under which the Commission no longer routinely includes prior-approval provisions in orders stemming from merger cases, presumes the public interest requires reopening such provisions in outstanding merger orders to make them consistent with the policy.

Comments should be addressed to the FTC, Office of the Secretary, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580.

Copies of the petition and the 1989 order are available from the FTC's Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; 202-326-2222; TTY for the hearing impaired 1-866-653-4261. To find out the latest news as it is announced, call the FTC NewsPhone recording at 202-326-2710. FTC news releases and other materials also are available on the Internet at the FTC's World Wide Web site at: http://www.ftc.gov

(FTC Docket No. 3246)
(Sun)