WASHINGTON, D.C. — The Federal Trade Commission (FTC) has granted a petition from Enbridge Inc. to reopen and set aside the 2017 consent order related to its merger with Spectra Energy Corp. The FTC ruled that the conditions outlined in the original order are no longer necessary, as Enbridge has divested its interest in the Discovery Pipeline, a key player in the natural gas transportation market.
The 2017 order was established to address competitive concerns stemming from Enbridge’s acquisition of Spectra. Through the merger, Enbridge obtained an indirect ownership interest in the Discovery Pipeline, which competes directly with Enbridge’s Walker Ridge Pipeline. At the time, the FTC raised concerns about potential anticompetitive behavior, including Enbridge gaining access to sensitive information about its competitor. To mitigate these risks, the order required Enbridge to implement firewalls and placed restrictions on board members affiliated with Spectra who had an ownership stake in the Discovery Pipeline.
Enbridge’s recent petition, filed in December 2024, argued that the order was no longer applicable as the company had sold its minority interest in the Discovery Pipeline to the pipeline’s majority owner, the Williams Companies, Inc. The FTC determined that this divestment eliminated the competitive concerns that had necessitated the 2017 order. According to the Commission’s statement, “the competitive concerns and the remedial provisions of the 2017 order that were intended to address them are no longer necessary.”
The FTC’s unanimous vote (2-0) to approve Enbridge’s request underscores its conclusion that the conditions imposed by the earlier order are now obsolete. This decision effectively dissolves the compliance measures tied to Enbridge’s former interest in the Discovery Pipeline.
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