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The Federal Trade Commission is currently accepting public comments on an application by Alimentation Couche-Tard Inc. (“ACT”) to divest three of its 10 fuel stations in Minnesota and Wisconsin. The divestitures are required under the FTC’s Feb. 16, 2018 final order settling charges that ACT’s proposed acquisition of Holiday Companies would violate federal antitrust law.

Under the terms of the consent agreement, ACT and its affiliate, CrossAmerica Partners LP (“CAPL”), are required to identify a buyer or buyers that are acceptable to the Commission wiwithin 120 days after the issue date of the order, and to divest 10 retail fuel stations. The agreement also requires ACT and CAPL to maintain the economic viability, marketability, and competitiveness of each station until the divestiture is complete.

The Commission will decide whether to approve the application after a 30-day public comment period, which expires on June 26, 2018. Comments can be filed electronically or sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington. (FTC File No. 1710184; the staff contact is Elizabeth Piotrowski, Bureau of Competition, 202-326-2623.)

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