- The FTC on Monday alleged that John Hess encouraged OPEC representatives to take action that supports higher oil prices.
- Hess Corp. and Chevron have agreed that they will not appoint Hess to the board in order to facilitate the completion of the merger.
- Chevron and Hess remain locked in a dispute with Exxon Mobil, which is claiming a right of first refusal over Hess' lucrative oil assets in Guyana.
The Federal Trade Commission has banned Hess Corp. CEO John Hess from Chevron's board as a condition for the oil companies' $53 billion merger to move forward.
The FTC on Monday alleged that Hess communicated with OPEC representatives about global oil output and inventory management over the years, encouraging them to take action that supports higher prices.
The commission said in a complaint that Hess' participation on Chevron's board would meaningfully increase "the likelihood that Chevron would align its production with OPEC's output decisions to maintain higher prices."
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Hess Corp. said in a statement Monday the FTC concerns are without merit, describing the CEO's communications with OPEC as consistent with statements he has made to the U.S. government.
Hess Corp. and Chevron, however, have agreed that they will not appoint Hess to the board in order to facilitate the completion of the merger, according to the companies. Hess will serve as an advisor to Chevron on government relations and "social investments" in Guyana.
The FTC's decision to allow the deal leaves the companies' dispute with Exxon Mobil as the final hurdle for the transaction to close. Exxon has filed claims with an arbitration panel arguing a right of first refusal over Hess' lucrative oil assets in Guyana.
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If the arbitration panel rules in Exxon's favor, the Chevron-Hess deal will not close. Chevron and Hess have said they are confident that panel will rule in their favor.
The FTC voted 3 to 2 in favor of the order banning Hess from Chevron's board. FTC Chair Lina Khan said in a statement that U.S. oil executives communications with high-level OPEC representatives threaten competition and result in higher energy prices for Americans.
FTC Commissioner Andrew Ferguson, in his dissent, said the commission majority was bending to political pressure from Democratic politicians.
"The proposition that Mr. Hess's comments could move global oil markets is laughable," Ferguson wrote in his dissenting opinion.
The FTC issued a similar order for Exxon Mobil's acquisition of Pioneer Natural Resources. The commission banned former Pioneer CEO Scott Sheffield from Exxon's board, accusing him of colluding with OPEC to raise oil prices.
