FTC Requests Public Comments on SCI’s Application to Approve Sale of Tennessee Cemetery and Funeral Assets to Heritage Family Funeral Services, Inc., and Heritage Family Cemetery, Inc.

The Federal Trade Commission is currently accepting public comments on an application by Service Corporation International (SCI) to sell certain funeral and cemetery assets, as required under the FTC’s April 2014 order settling charges that SCI’s acquisition of Stewart Enterprises, Inc. would likely be anticompetitive. In total, the order requires the combined SCI/Stewart to divest 53 funeral homes and 38 cemeteries to ensure competition is maintained in 59 communities throughout the United States.

In the current application, SCI has petitioned the FTC to approve the divestiture of several businesses associated with Oak Hill Memorial Park, Funerals and Cremations located in Kingsport, Tennessee, to Heritage Family Funeral Services, Inc. (HFFS) and the Heritage Family Cemetery, Inc. (HFC).

HFFS is an S Corporation that is owned by The 2000 Richard Tetrick Irrevocable Trust. HFC is a 501(c)(13) not-for-profit cemetery company governed by an elected board of directors and has a management agreement with Heritage Family Management, LLC, which is also owned by The 2000 Richard Tetrick Irrevocable Trust. According to SCI’s application, HFFS and HFC will be strong and effective competitors in the local market, and have the expertise to successfully operate the businesses they plan to acquire.

The Commission will decide whether to approve the proposed divestiture after expiration of a 30-day public comment period. Public comments may be submitted until August 4, 2014. Written comments should be sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. Comments can also be submitted electronically. Copies of the application can be found on the FTC’s website and as a link to this press release. (FTC File No. 131-0163, Docket No. C-4423; the staff contact is Elizabeth A. Piotrowski, Bureau of Competition, 202-326-2623)

The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action. To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to antitrust{at}ftc{dot}gov, or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 600 Pennsylvania Ave., NW, Room CC-5422, Washington, DC 20580. To learn more about the Bureau of Competition, read Competition Counts. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.