FOR YOUR INFORMATION................March 14, 1989 The Federal Trade Commission staff has said that a bill to regulate gasoline prices in Montana "is anticompetitive and that, if the bill is enacted, Montana consumers and visitors could pay higher prices for gasoline." The staff comments were requested by State Senator Gene Thayer, Chairman of the Montana Senate Business and Industry Committee. The bill would prescribe minimum price levels and prohibit price discrimination. According to the FTC staff, the bill's premise "is that independent and small retailers and wholesalers are being vic- timized by 'subsidized pricing, which is inherently unfair and destructive.' Several studies of competition in gasoline marketing in the United States since 1981 have concluded that gasoline dealers and distributors have not been and are not likely to become targets of anticompetitive practices by their suppliers." The staff said that the bill "is likely to have several adverse consequences for consumers. Because of the uniform mark-up provision of the bill, retailers might be unable to operate discount outlets, which trade a smaller profit margin for larger volume. In addition, short term price discounts designed to attract new customers would be deterred. The result is likely to be rigid, uniformly higher, retail gasoline prices within Montana." The comments are the views of the staff of the Bureau of Competition. They are not necessarily those of the Commission itself or any individual Commissioner. Copies of the comments are available from the FTC's Public Reference Branch, Room 130, 6th St. and Pennsylvania Ave. N.W. Washington, D.C. 20580; 202-326-2222; TTY 202-326-2502. # # # MEDIA CONTACT: Susan Ticknor, Office of Public Affairs, 202-326-2181 STAFF CONTACT: Ronald B. Rowe, Bureau of Competition, 202-326-2610 (MontGas)