US FTC allows Chevron-Hess deal, bars John Hess from board
Adds comment from the companies and FTC and background in paragraphs 4-6, 8-18
By Jody Godoy
NEW YORK, Sept 30 (Reuters) -The U.S. Federal Trade Commission allowed Chevron's CVX.N $53 billion purchase of Hess Corp HES.N on Monday, in an order that barred Hess CEO John Hess from Chevron's board.
The FTC's order leaves Exxon Mobil's XOM.N challenge to the deal, which is expected to stretch deep into next year, as its final hurdle.
The proposed merger included a Chevron board seat for Hess when it was first announced last October, and the FTC sent a second information request to Chevron two months later.
Chevron Chairman and CEO Mike Wirth welcomed the completion of the FTC's review on Monday, but called it unfortunate that John Hess would not be allowed to join the board.
"I have the utmost respect for John, the company he has built, and the contributions he has made to our industry," he said.
The FTC alleged that Hess -- the son of Hess Corp founder Leon Hess -- had communicated publicly and privately with members of the Organization of the Petroleum Exporting Countries (OPEC) group of oil producers, and encouraged high-level representatives of the group "in their stated mission to stabilize global oil markets."
Allowing him to join Chevron's board "would amplify Mr. Hess's supportive messaging to OPEC and others, thereby meaningfully increasing the likelihood that Chevron would align its production with OPEC's output decisions to maintain higher prices," the FTC said.
Hess' board believes the claims are meritless, the company said in a statement.
"Mr. Hess' public and private communications with OPEC officials were consistent with his communications with U.S. government officials, the International Energy Agency and global business leaders on what will be needed to ensure an affordable and orderly energy transition," the company said.
The allegations are similar to the FTC's claims against former Pioneer Natural Resources PXD.N CEO Scott Sheffield, who was barred from joining Exxon Mobil's board when the FTC reviewed its $60 billion acquisition of Pioneer.
Sheffield has sought to have the claims withdrawn.
The two cases are "an important step towards ensuring that U.S. oil producers are serving as a competitive check on OPEC+ rather than subordinating their independent decision-making to the goals set by a cartel," FTC Chair Lina Khan and the Commission's two other Democratic members said on Monday.
The FTC's two Republican commissioners voted against the Chevron-Hess action, calling it politically motivated and lacking basis in antitrust law.
"The proposition that Mr. Hess's comments could move global oil markets is laughable," said Commissioner Andrew Ferguson.
The deal will still need to clear a challenge by Exxon Mobil and CNOOC Ltd 0883.HK, Hess's partners in a Guyana joint venture, who claim a right of first refusal to any sale of Hess's Guyana assets, the prize in the proposed merger.
A three-judge arbitration panel is due to consider the case next May. Chevron and Hess say a decision is expected by August, while Exxon Mobil expects it by September 2025.
John Hess will be allowed to advise Chevron on discussions with Guyanese government officials, according to the FTC order.
The proposed all-stock acquisition is one of the largest in a consolidating U.S. oil and gas industry where several multibillion-dollar deals have been disclosed.
Reporting by Jody Godoy; Editing by Katharine Jackson and Jonathan Oatis
Related Assets
Latest News
Disclaimer: The XM Group entities provide execution-only service and access to our Online Trading Facility, permitting a person to view and/or use the content available on or via the website, is not intended to change or expand on this, nor does it change or expand on this. Such access and use are always subject to: (i) Terms and Conditions; (ii) Risk Warnings; and (iii) Full Disclaimer. Such content is therefore provided as no more than general information. Particularly, please be aware that the contents of our Online Trading Facility are neither a solicitation, nor an offer to enter any transactions on the financial markets. Trading on any financial market involves a significant level of risk to your capital.
All material published on our Online Trading Facility is intended for educational/informational purposes only, and does not contain – nor should it be considered as containing – financial, investment tax or trading advice and recommendations; or a record of our trading prices; or an offer of, or solicitation for, a transaction in any financial instruments; or unsolicited financial promotions to you.
Any third-party content, as well as content prepared by XM, such as: opinions, news, research, analyses, prices and other information or links to third-party sites contained on this website are provided on an “as-is” basis, as general market commentary, and do not constitute investment advice. To the extent that any content is construed as investment research, you must note and accept that the content was not intended to and has not been prepared in accordance with legal requirements designed to promote the independence of investment research and as such, it would be considered as marketing communication under the relevant laws and regulations. Please ensure that you have read and understood our Notification on Non-Independent Investment. Research and Risk Warning concerning the foregoing information, which can be accessed here.
