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The Federal Trade Commission is currently accepting public comments on three applications by Service Corporation International (SCI) to sell certain funeral and cemetery assets, as required under the FTC’s December 2013 proposed order settling charges that SCI’s acquisition of Stewart would be anticompetitive. In total, the proposed order requires the combined SCI/Stewart to divest 53 funeral homes and 38 cemeteries to ensure competition is maintained in 59 communities throughout the United States.

In three separate applications, SCI has petitioned the FTC to approve the divestiture of the following assets in Florida, Georgia, Louisiana, Mississippi, and Virginia:

To Carriage Services, Inc., and its subsidiaries:

• Schoen Funeral Home in New Orleans, Louisiana
• Garden of Memories Cemetery in Metairie, Louisiana
• Garden of Memories Funeral Home in Metairie, Louisiana
• Tharp-Sontheimer-Tharp Funeral Home in Metairie, Louisiana
• Greenwood Funeral Home in New Orleans, Louisiana
• Everly-Wheatley Funeral Home in Alexandria, Virginia; and
• Everly Community Funeral Care in Falls Church, Virginia

To Legacy Funeral Holdings, Inc.; Legacy Funeral Holdings of Florida, LLC; and Legacy Funeral Holdings of Mississippi, LLC (collectively, Legacy Holdings):

• Carey-Hand Cox Parker Funeral Home in Winter Park, Florida
• Colonial Chapel/Carey Hand in Orlando, Florida
• Collison Carey Hand Funeral Home in Winter Garden, Florida
• Highland Memory Gardens in Apopka, Florida
• Orlando Memorial Gardens in Apopka, Florida
• Wright & Ferguson Funeral Home in Clinton, Mississippi; and
• Wright & Ferguson Funeral Home in Raymond, Mississippi

Finally, to Hunsaker Partners, LLC:

• Cheatham Hill Memorial Park/Southern Cremations & Funerals in Marietta, Georgia.

According to SCI’s applications, the three potential buyers will achieve the purpose of the FTC’s settlement order by preserving funeral, cemetery, and related assets in each local market. They contend that the buyers will be strong and effective competitors with the merged SCI/Stewart, and have the expertise to successfully operate the businesses they plan to acquire. 

The Commission will decide whether to approve the proposed divestiture after expiration of the 30-day public comment period. Public comments may be submitted until April 14, 2014. Written comments should be sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. Comments also can be submitted electronically: comment on the sale to Carriage Services; comment on the sale to Legacy Funeral Holdings; comment on the sale to Hunsaker Partners. Copies of the applications can be found on the FTC’s website and as a link to this press release. (FTC File No. 131-0163, Docket No. 4423; the staff contact is Elizabeth A. Piotrowski, Bureau of Competition, 202-326-2623)

The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action. To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to antitrust{at}ftc{dot}gov, or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 601 New Jersey Ave., N.W., Room 7117, Washington, DC 20001. To learn more about the Bureau of Competition, read Competition Counts. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.