Business and Industry Groups, Including EMA, Urge President Trump to Intensify Antitrust Enforcement

On October 6^th, EMA and dozens of business groups representing multiple sectors sent a letter to President Trump urging him to double down on the antitrust crackdown he championed during his 2024 campaign and specifically to "resist pressures" to go soft on alleged monopolists like Google and Ticketmaster. The letter argues that strong action is needed to curb excessive market power and preserve fair competition across multiple sectors. When asked why EMA joined the letter, EMA President Rob Underwood said:

The reason why the Energy Marketers of America (EMA) signed the letter is because of our commitment to the Main Street Competition Coalition (MSCC) to promote competition by strengthening enforcement of the Robinson-Patman Act (“RPA”). The RPA is the only federal price discrimination law to ensure a level playing field for the benefit of both businesses and consumers. Increased antitrust enforcement will help with FTC's authority under the RPA to bring enforcement actions against anticompetitive price discrimination. This price discrimination favors, among others, super stores and big box retailers, who gain a competitive advantage by purchasing merchandise at lower prices than their smaller to medium-sized competitors. In other words, convenience stores are at a competitive disadvantage when compared to other channels, be it big box, grocery or dollar stores, which often offer less expensive food and beverage products at retail than convenience retailers can obtain from the wholesale level. Some convenience store retailers have tried to purchase items at big box retailers since it can be cheaper than the wholesale price. Unfortunately, convenience store retailers receive retaliatory action from food and beverage suppliers and producers.

Unfortunately, the FTC has not brought a case under the RPA in more than 20 years. The FTC should investigate unlawful price discrimination at every level of trade that impacts the energy marketing industry. This should include the important issue of whether “channels of trade” distinctions are being used to evade laws against price discrimination. We also back FTC's increased because it will strengthen FTC’s RPA enforcement efforts.

EMA’s interest in signing the letter is not motivated by an intent to promote or oppose mergers or acquisitions at the refiner or other levels of trade. EMA is focused more narrowly on enforcement of the RPA through the FTC.

Read the full letter here

Read the NY Post article covering the letter here

Watch the Fox Business clip on the letter here

Inside the Beltway Update

It’s Day 24 of the federal government shutdown. House Republicans have not returned to Washington since mid-September, and the Senate has now left town for the week. While there were early signs that Congressional leaders might move toward a resolution, little tangible progress has been made.

Although many Americans have yet to feel the direct impact, that could soon change and ramp up pressure on Congress to act. As November 1 approaches, millions of Americans could see immediate impacts through the lapse of numerous federal programs and operations.

The Low-Income Home Energy Assistance Program (LIHEAP), which millions of households rely on to stay warm during the winter, could soon run out of funds. State and local administrators are already warning of an imminent lapse. Recognizing the potential impact on small business energy marketers, EMA joined a coalition of state, regional, and national organizations urging Congressional action. Early next week, EMA will issue a CALL TO ACTION encouraging Members of Congress to ensure LIHEAP appropriations continue during the shutdown.

Another threat to public health and safety – states are now warning that Supplemental Nutrition Assistance Program (SNAP) benefits will not go out in November if the shutdown continues. Further, the Disaster Relief Fund, the main source of federal disaster recovery funding, is running critically low. Its balance has fallen below $11 billion, a level that previously raised alarm among officials. This could force FEMA to prioritize only immediate disaster responses and threatens to curb crucial government assistance during hurricane season.

IRS operations are also being severely disrupted, leading to delays in tax refunds for those not filing flawless electronic returns. Live customer service is limited, appeals appointments are being canceled, and paper correspondence is going unanswered—even as all filing and payment deadlines remain in effect.

The uncertainty is not limited to federal government programs. California faces a looming fuel supply crisis as two of its nine gasoline refineries - Phillips 66 Los Angeles and Valero Benicia - plan to close or idle by mid-2026, cutting nearly 18 percent of the state’s refining capacity. Because California operates as a “fuel island” with its own emissions-specific gasoline blend and limited import infrastructure, the closures could drive up prices and increase dependence on imported fuel from 10-20 percent today to 25-35 percent statewide. In response, Governor Newsom has softened the state’s stance toward refiners, pausing enforcement of the refinery profit cap and directing the Energy Commission to maintain market stability. The state is also exploring measures such as reversing existing pipelines and requiring refiners to hold additional inventory to mitigate future price volatility.

EMA-Worldpay Partnership Reduces Card Processing Fees

EMA and Worldpay have partnered over the years to bring energy marketers the lowest possible transaction cost in the industry. Participants in this program enjoy reduced fees as a result of processing efficiencies. With no hidden fees, percentage rates or complicated statements, the program offers EMA members a flat $0.029 cent transaction fee after interchange on all card payments.

Worldpay provides leading payments processing services across multiple industry verticals. Utilizing traditional point-of-sale technologies to mobile devices, customers can accept payments anytime, anywhere. From transaction capturing and processing to merchant acquiring, Worldpay provides insightful expertise, seamless delivery, and valued relationships.

To learn how Worldpay can serve your payment card processing needs or to set up your account, please contact our EMA Account Sales Representative, Erick Wilde or 813-600-0447.

Weekend Reads

Analysts Talk Oil and Gas Bust Cycle | Rigzone

McKinsey Sees Fossil Fuels Dominating for Decades | yahoo!finance

Phillips 66, Kinder Morgan eye new pipeline to bolster US West Coast fuel supply | Reuters

Phillips 66 Plans First California-Bound Fuel Pipeline | Transport Topics

The outdated renewable fuel standard is draining America’s refining capacity | Washington Examiner

Utah GOP lawmakers propose plan to cut gas prices by ending refinery tax break | KUTV

Why Tesla can’t win as profits slump despite record revenue | MSN

Federated Insurance Risk Management Academy Complimentary Webinar
Retaining your Key Employees with the Federated® Triple Protection Plan^SM: Thursday, November 20, 2025, 1:00 PM Central Time

Certain employees are critical to the long-term success and profitability of your business. Their expertise, customer relationships, and unique skills are valuable assets, and your own financial security may rely on their continued commitment and high performance. The unexpected loss of even one key employee could impact your business’s value and profitability for years to come. This webinar will provide insights into identifying these essential team members and offer strategies to help retain them.

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Who should attend:

• Business Owners / Operators
• Risk Managers
• Operations Managers
• HR Professionals

Please click link to REGISTER: RMA Complimentary Webinar Invitation

For additional information or to discuss this in further detail, please contact your Federated regional representative or EMA’s National Account Executive Jack West at 262.719.7750 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council.

At Federated Insurance, It’s Our Business to Protect Yours®

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