FOR YOUR INFORMATION........................March 7, 1990 The Federal Trade Commission staff has commented on a Virginia bill that would prohibit petroleum refiners from owning and operating retail motor fuel stations, expanding hours of operation by their franchised or leased service stations, and enforcing franchise performance requirements for brand-name product purchase and resale. The Commission staff comments are in response to a request from Virginia Delegate Alan A. Diamonstein, Chairman of the House General Laws Commmittee. In a letter to Del. Diamonstein, staff says it believes that S.B. 235 "may lessen competition among motor fuel dealers and raise gasoline and diesel prices to Virginia consumers and visitors." The bill would prohibit refiners from operating new retail motor fuel stations, or from leasing stations after January 1, 1991, and would restrict the rights of refiners to terminate or fail to renew franchise agreements with existing retail gasoline dealers. The legislation is intended to protect dealers from allegedly anticompetitive activity by their suppliers. The staff letter says that fears of such anticompetitive activity are unfounded. The letter notes that studies of competition in the gasoline market since 1981 have found "that gasoline dealers have not been and are not likely to become targets of anticompetitive practices by their suppliers." The FTC staff concludes that the proposed gasoline divorcement bill "would tend to insulate lessee-dealers from competition by potential entrants and by expansion of the existing refiner- operated networks" therefore causing "higher motor fuel prices and fewer choices for Virginia consumers and visitors." The letter represents the views of the FTC's Bureau of Competition and does not necessarily reflect the views of the Commission or any individual Commissioner. (More) opies of the letter 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: Brenda A. Mack, Office of Public Affairs, 202-326-2182 STAFF CONTACT: Ronald B. Rowe, Bureau of Competition, 202-326-2610 (VA-GAS)