Business Regulation & Regulated Industries

Editors (9)

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McGlinchey Stafford, PLLC

Lynette Hotchkiss

Executive Editor, Business Regulation & Regulated Industries
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The Arefin Law Office

D. Sharmin Arefin

Contributing Editor, Business Regulation & Regulated Industries
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Carlton Fields

Thomas F. Morante

Contributing Editor, Business Regulation & Regulated Industries
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Core States Group

Dredeir Roberts

Contributing Editor, Business Regulation & Regulated Industries
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Davis Polk

Andrew B. Samuel

Contributing Editor, Business Regulation & Regulated Industries
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Troutman Pepper Hamilton Sanders LLP

Barbara T. Sicalides

Contributing Editor, Business Regulation & Regulated Industries
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Liberty University School of Law

Timothy M. Todd

Contributing Editor, Business Regulation & Regulated Industries
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Villanova University Charles Widger School of Law

Lev E. Breydo

Contributing Editor, Business Regulation & Regulated Industries
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MONTH-IN-BRIEF (Jun 2022)

Antitrust Law

Goodwill, Non-Compete Provisions & the Federal Trade Commission

By Barbara Sicalides and Frank Griffin, IV, Troutman Pepper Hamilton Sanders, LLP

On June 13, 2022, as a condition to allowing ARKO Corp. to acquire indirectly certain retail fuel assets, including sixty Express Stop retail locations from Corrigan Oil Company, the Federal Trade Commission (“FTC”) reduced the duration of the non-competition provision. In addition to duration, the FTC challenged the geographic scope of the non-compete. The proposed consent decree also required the parties to rescind parts of their asset purchase agreement so as to release back to Corrigan five local retail fuel locations in Michigan. The vote of the commissioners was unanimous.

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