FTC Approves Final Order Requiring Alimentation Couche-Tard Inc. to Divest Three Retail Fuel Station and Convenience Stores in Alabama

Following a public comment period, the Federal Trade Commission has approved a final order settling charges that retail fuel station and convenience store operator Alimentation Couche-Tard Inc.’s acquisition of competitor Jet-Pep, Inc. would violate federal antitrust law.

Under the terms of the acquisition, ACT will acquire ownership or operation of 120 Jet-Pep retail stations. As announced in November 2017, the complaint alleges that without a remedy, ACT’s acquisition of Jet-Pep Inc. would substantially reduce competition in markets for retail fuel in three areas of Alabama: Brewton, Valley and Monroeville. Under the terms of the consent agreement, ACT is required to identify a buyer or buyers that are acceptable to the Commission within 120 days after the transaction closes, and to divest the three retail stations.

The Commission vote approving the final order was 2-0. (FTC File No. 1710207; the staff contact is Kara Todd, Bureau of Competition, 202-326-2015.)

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