FTC Approves Final Order Imposing Conditions on NEXUS Gas Transmission, LLC’s Acquisition of Generation Pipeline LLC

Following a public comment period, the Federal Trade Commission has approved a final order settling charges that NEXUS Gas Transmission, LLC’s acquisition of Generation Pipeline LLC would likely harm competition to provide natural gas pipeline transportation in a three-county area. NEXUS is a joint venture between DTE Energy Company and Enbridge Inc.

The complaint, which was first announced in September 2019, alleges that NEXUS’s purchase of Generation from North Coast Gas Transmission LLC and several other owners is anticompetitive due to a non-compete clause that keeps North Coast from competing to provide natural gas pipeline transportation, for three years after the acquisition closes, in parts of the Ohio counties of Lucas, Ottawa, and Wood.

The final order requires the parties to remove the non-compete clause from the sales agreement.

The Commission vote to approve the final order was 5-0. The staff contact is Michael Blaisdell, Bureau of Competition, 202-326-3220.

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