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Clifford Chance

Clifford Chance


FTC's Challenge to ARKO Corp.'s Acquisition of Retail Fuel Stations is a Reminder that Parties Must Ensure Non-Competes are Sufficiently Tailored to Pass Antitrust Scrutiny

July 1, 2022

The FTC's recent challenge to a transaction in the retail fuel sector demonstrates how the agency is scrutinizing non-compete agreements as part of its merger review. In this particular transaction, the FTC criticized the non-competes as overbroad in both duration and scope and indicated that it would continue to scrutinize non-compete provisions going forward. Parties engaging in M&A transactions should carefully examine any non-compete provisions that are part of the transaction to ensure that they are sufficiently tailored in scope and duration.

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