[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3089]
[[Page Unknown]]
[Federal Register: February 10, 1994]
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FEDERAL TRADE COMMISSION
[Dkt. 9189]
Detroit Auto Dealers Association, Inc., et al.; Proposed Consent
Agreement With Analysis To Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement.
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SUMMARY: In settlement of alleged violations of federal law prohibiting
unfair acts and practices and unfair methods of competition, this
consent agreement represents two identical consent agreements with two
different groups of respondents (one group of respondents associated
with the sale of GM, Ford, Lincoln-Mercury and Volkswagen Vehicles; and
the other group of respondents associated with the sale of Chrysler,
Plymouth and Dodge vehicles), accepted subject to final Commission
approval, would require, among other things, one hundred and forty six
Detroit-area automobile dealerships, owners and managers, and dealer
associations to stay open at least 62 hours a week for a year. In
addition, the agreement would prohibit the respondents from entering
into, continuing or carrying out any agreement to establish, fix or
maintain any hours of operation.
DATES: Comments must be received on or before April 11, 1994.
ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,
room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
Ernest Nagata, FTC/H-394, Washington, DC 20580. (202) 326-2714.
SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and Sec. 3.25(f) of
the Commission's Rules of Practice (16 CFR 3.25(f)), notice is hereby
given that the following consent agreement containing a consent order
to cease and desist, having been filed with and accepted, subject to
final approval, by the Commission, has been placed on the public record
for a period of sixty (60) days. Public comment is invited. Such
comments or views will be considered by the Commission and will be
available for inspection and copying at its principal office in
accordance with Sec. 4.9(b)(6)(ii) of the Commission's Rules of
Practice (16 CFR 4.9(b)(6)(ii)).
Agreement Containing Consent Order To Cease and Desist
The agreement herein, by and between respondents identified in
Attachments A, B, C, D and E, and their attorneys, and counsel for the
Federal Trade Commission, is entered into in accordance with the
Commission's rule governing consent order procedures. In accordance
therewith the parties hereby agree that:
1. Respondent dealers identified in Attachments A and C are all
corporations with their principal places of business located at the
addresses shown in Attachments A and C.
2. Individual respondents identified in Attachments B and D are
officers of various dealers, as shown in Attachments B and D, and as
such they formulate, direct and control the acts and practices of the
dealers for which they are officers.
3. Respondent associations identified in Attachment E are
incorporated trade associations for motor vehicle dealers with their
principal places of business located at the addresses shown in
Attachment E.
4. The respondents listed in Attachments A, B, C, D and E have been
served with a copy of the complaint issued by the Federal Trade
Commission alleging that they and others have violated section 5 of the
Federal Trade Commission Act, and have filed answers to the complaint
denying these allegations.
5. The respondents listed in Attachments A, B, C, D and E admit all
the jurisdictional facts relating to Count I set forth in the
Commission's complaint in this proceeding.
6. The respondents listed in Attachments A, B, C, D and E waive the
following with respect to Count I of the complaint:
(a) Any further procedural steps;
(b) The requirement that the Commission's decision contain a
statement of findings of fact and conclusions of law;
(c) All rights to seek judicial review or otherwise to challenge or
contest the validity of the Order entered pursuant to this agreement;
and
(d) Any claim under the Equal Access to Justice Act.
7. This agreement shall not become part of the public record of the
proceeding unless and until it is accepted by the Commission. If this
agreement is accepted by the Commission it will be placed on the public
record for a period of sixty (60) days and information in respect
thereto publicly released. The Commission thereafter may either
withdraw its acceptance of this agreement and so notify the respondents
listed in Attachments A, B, C, D and E in which event it will take such
action as it may consider appropriate, or issue and serve its decision,
in disposition of Count I of the complaint issued by the Commission in
this proceeding.
8. This agreement is for settlement purposes only and relates
solely to Count I of the Commission's complaint in this proceeding;
this agreement does not constitute an admission by the respondents
listed in Attachments A, B, C, D and E that the law has been violated
as alleged in Count I of the complaint issued by the Commission.
9. This agreement contemplates that, if it is accepted by the
Commission, and if such acceptance is not subsequently withdrawn by the
Commission pursuant to the provisions of Sec. 3.25(f) of the
Commission's Rules, the Commission may without further notice to the
respondents listed in Attachments A, B, C, D and E, (1) issue its
decision containing the following Order to cease and desist in
disposition of Count I of the complaint issued by the Commission in
this proceeding, and (2) make information public in respect thereto.
When so entered, the Order to cease and desist shall have the same
force and effect and may be altered, modified or set aside in the same
manner and within the same time provided by statute for other orders.
The Order shall become final upon service. Delivery by the U.S. Postal
Service of the decision containing the agreed-to Order to respondents'
addresses as stated in this agreement shall constitute service. The
respondents listed in Attachments A, B, C, D and E waive any right they
might have to any other manner of service. The complaint may be used in
construing the terms of the Order, and no agreement, understanding,
representation, or interpretation not contained in the order or in the
agreement may be used to vary or to contradict the terms of the Order.
10. The respondents listed in Attachments A, B, C, D and E have
read the complaint and the order contemplated hereby. These respondents
understand that once the Order has been issued, they may be required to
file one or more compliance reports showing they have fully complied
with the Order. These respondents further understand that they may be
liable for civil penalties in the amount provided by law for each
violation of the order after it becomes final.
Order
It Is Ordered, that for the purposes of this order, the following
definitions shall apply:
1. ``Person'' means any natural person, corporation, partnership,
association, joint venture, trust, or other organization or entity, but
not governmental entities.
2. ``Dealer'' means any person who receives on consignment or
purchases motor vehicles for sale or lease to the public, and any
director, officer, employee, representative or agent of any such
person.
3. ``Dealer association'' means any trade, civic, service, or
social association whose membership is composed primarily of dealers.
4. ``Detroit area'' means the Detroit, Michigan metropolitan area,
comprising Macomb County, Wayne County and Oakland County in the State
of Michigan.
5. ``Hours of operation'' means the times during which a dealer is
open for business to sell or lease motor vehicles.
6. ``Weekday hours'' means the hours of 9 a.m. to 6 p.m. Monday
through Friday.
7. ``Non-weekday hours'' means hours other than 9 p.m. to 6 p.m.
Monday through Friday.
8. ``Major holidays'' means New Year's Day, Memorial Day, July 4,
Labor Day, Thanksgiving and Christmas, and includes the date federal
courts close in observance of these specified holidays if such holiday
falls on a Sunday.
9. ``Holiday weeks'' means any week that contains a major holiday,
Christmas Eve or New Year's Eve.
10. ``Daylight Savings Time'' means the legal time during the
period described in 15 U.S.C. 260a.
11. ``Standard Time'' means the legal time during any period other
than the period described in 15 U.S.C. 260a.
12. ``Unsafe Area'' means any area that is unsafe for both
customers and dealership employees after dark.
13. ``Group I Dealership and Individual Respondent'' means any
corporation listed in Addendum A to the order, including its officers,
directors, representatives, agents, divisions, subsidiaries and
successors and assigns, and any individual listed in Addendum B to the
order.
14. ``Group II Dealership and Individual Respondent'' means any
corporation listed in Addendum C to the order, including its officers,
directors, representatives, agents, divisions, subsidiaries and
successors and assigns, and any individual listed in Addendum D to the
order.
15. ``Association Respondent'' means any association listed in
Addendum E to the order, the officers, directors, representatives,
agents, divisions, subsidiaries, successors and assigns of any listed
association.
16. ``Respondent'' means any dealership, individual, or association
respondent.
17. ``Consenting Respondent'' means any dealership, individual, or
association respondent listed in any addendum to this order.
18. ``Non-association Respondent'' means any dealership or
individual respondent. The term ``non-association respondent'' does not
include any individual respondent who does not own or operate a
dealership in the Detroit area.
I
It Is Further Ordered, that each consenting respondent shall cease
and desist from, directly or indirectly or through any corporate or
other device, entering into, continuing, or carrying out any agreement,
contract, combination, or conspiracy, in or affecting commerce (as
``commerce'' is defined in the Federal Trade Commission Act), with any
other respondent or other dealer or dealer association in the Detroit
area to establish, fix, maintain, adopt, or adhere to any hours of
operation.
II
It Is Further Ordered, that each consenting respondent shall cease
and desist from, directly or indirectly or through any corporate or
other device, performing any of the following acts or practices or
encouraging, inducing, or requiring any person to perform any of the
following acts or practices, or entering into, continuing, or carrying
out any agreement, contract, combination, or conspiracy with any other
person in the Detroit area to do or perform any of the following acts
or practices:
A. Exchanging information or communicating with any other
respondent or other dealer or dealer association in the Detroit area
concerning hours of operation, except to the extent necessary to comply
with any order of the Federal Trade Commission, and except, after two
(2) years from the date this order becomes final, to the extent
necessary to incorporate individual dealers' hours of operation in
lawful joint advertisements; provided, however, (i) that nothing in
this Part II.A of the order shall prohibit joint advertisements
incorporating individual dealers' hours of operation, when such
individual dealers are legally operated, directly or indirectly, under
common control; and (ii) that nothing in this Part II.A of the order
shall prohibit joint advertisements incorporating individual dealers'
hours of operation for special events such as tent sales, mall sales,
or annual sales when hours of operation are extended.
B. Requesting, recommending, coercing, influencing, inducing,
encouraging, or persuading, or attempting to request, recommend,
coerce, influence, induce, encourage, or persuade, any other respondent
or other dealer or dealer association in the Detroit area to maintain,
adopt or adhere to any hours of operation.
III
It Is Further Ordered, that each Group I dealership and individual
respondent shall, commencing ten (10) days after this order becomes
final and continuing for a period of one (1) year, maintain a minimum
of sixty-two (62) hours of operation per week for the sale and lease of
motor vehicles; provided, however, that each Group I dealership and
individual respondent shall have the option of maintaining less than
sixty-two (62) hours of operation during the weeks that contain one of
the major holidays, Christmas Eve or New Year's Eve; provided further
that during such holiday weeks each Group I dealership and individual
respondent shall maintain an adjusted minimum number of hours of
operation, determined by subtracting (1) the number of hours of
operation ordinarily in effect for the day of the week on which the
major holiday occurs, and (2) in the case of holiday weeks containing
Christmas Eve or New Year's Eve, one-half the number of hours of
operation ordinarily in effect for the day of the week on which
Christmas Eve or New Year's Eve occurs, from sixty-two (62). Each Group
I dealership and individual respondent shall post conspicuously its
hours of operation at each of its places of business subject to this
order in a manner and location readily visible to the public from
outside the main entrance of the dealership's showroom. Each Group I
dealership and individual respondent shall conduct its sales and lease
operation during any non-weekday hours in all respects in the same
manner as during weekday hours, except that the motor vehicle sales
force and supporting sales force on duty during non-weekday hours may
be reduced to a number sufficient to meet the market demand during such
non-weekday hours; provided, however, that the sales force and
supporting sales staff shall at all such times be sufficient in number
and authority to consummate fully all sales and lease transactions, in
the same manner as during weekday hours.
IV
It Is Further Ordered, that each Group II dealership and individual
respondent shall, commencing ten (10) days after this order becomes
final and continuing for a period of one (1) year, maintain a minimum
of sixty-two (62) hours of operation per week during daylight savings
time and fifty-eight (58) hours of operation per week during standard
time for the sale and lease of motor vehicles; provided, however, that
each Group II dealership and individual respondent shall have the
option of maintaining less than sixty-two (62) hours of operation
during daylight savings time, or less than fifty-eight (58) hours of
operation during standard time, during the weeks that contain one of
the major holidays, Christmas Eve or New Year's Eve; provided further
that during such holiday weeks each Group II dealership and individual
respondent shall maintain an adjusted minimum number of hours of
operation, determined by subtracting (1) The number of hours of
operation ordinarily in effect for the day of the week on which the
major holiday occurs, and (2) in the case of holiday weeks containing
Christmas Eve or New Year's Eve, one-half the number of hours of
operation ordinarily in effect for the day of the week on which
Christmas Eve or New Year's Eve occurs, from sixty-two (62), during
daylight savings time, or from fifty-eight (58), during standard time.
Each Group II dealership and individual respondent shall post
conspicuously its hours of operation at each of its places of business
subject to this order in a manner and location readily visible to the
public from outside the main entrance of the dealership's showroom.
Each Group II dealership and individual respondent shall conduct its
sales and lease operation during any non-weekday hours in all respects
in the same manner as during weekday hours, except that the motor
vehicle sales force and supporting sales staff on duty during non-
weekday hours may be reduced to a number sufficient to meet the market
demand during such non-weekday hours; provided, however, that the sales
force and supporting sales staff shall at all such times be sufficient
in number and authority to consummate fully all sales and lease
transactions, in the same manner as during weekday hours.
The requirements of Parts III and IV of this order to maintain
minimum weekly hours of operation shall not apply to any individual
respondent who does not own or operate a dealership in the Detroit
area.
V.
It is Further Ordered, that in the event the proceeding in Docket
No. 9189 against any non-association respondent results in a final
adjudicated order in accordance with section 5(g)-(k) of the Federal
Trade Commission Act, 15 U.S.C. 45, or in a subsequent consent order
requiring such non-association respondent to maintain fewer minimum
weekly hours of operation than required by Part III of this order, then
each consenting respondent subject to Part III of this order shall be
bound only by the minimum weekly hours of operation obligations set
forth in such subsequent order against any non-association respondent;
provided, however, that this Part V shall not apply to an order for
dismissal against any non-association respondent, or to an order based
on a finding (1) that any non-association respondent had entered into a
labor agreement incorporating fewer hours of operation than required by
Part III of this order, (2) that any non-association respondent is
located in an unsafe area, or (3) that the minimum hours requirement of
any non-association respondent should be less than the requirements set
forth in Part III of this order based on the unique circumstances of
that respondent.
VI
It Is Further Ordered, that in the event the proceeding in Docket
9189 against any non-association respondent results in a final
adjudicated order in accordance with section 5(g)-(k) of the Federal
Trade Commission Act, 15 U.S.C. 45, or in a subsequent consent order
requiring such non-association respondent to maintain fewer minimum
weekly hours of operation than required by Part IV of this order, then
each consenting respondent subject to Part IV of this order shall be
bound only by the minimum weekly hours of operation obligations set
forth in such subsequent order against any non-association respondent;
provided, however, that this Part VI shall not apply to an order for
dismissal against any non-association respondent, or to an order based
on a finding (1) that any non-association respondent had entered into a
labor agreement incorporating fewer hours of operation than required by
Part IV of this order or (2) that the minimum hours requirement of any
non-association respondent should be less than the requirements set
forth in Part IV of this order based on the unique circumstances of
that respondent.
VII
It Is Further Ordered, that each Group I dealership and individual
respondent, a well as each Group II dealership and individual
respondent, shall, while Parts III and Part IV of this order are in
effect, disclose its hours of operation in all of its advertising,
except that such disclosure is not required in joint-dealer
advertisements conducted through an association or in advertisements
offering for sale a single, particular motor vehicle. In any print
advertisements, the disclosure shall be made in a clear and prominent
manner in the same type style as that in which the principal portion of
the text of the advertisement appears and in twelve point or larger
bold type so that it can be readily noticed. In television
advertisements, the disclosure shall be presented in both the audio and
visual portions. During the audio portion of the disclosure in
television and radio advertisements, no other sounds, including music,
shall occur and the rate of speech shall be the same as for the other
parts of the advertisement. The audio portion of the disclosure in
television and radio advertisements need not state the dealership's
hours of operation on a day-by-day basis so long as the disclosure
states clearly and prominently the evenings in which the dealership is
open and any Saturday hours.
VIII
It Is Further Ordered, that each association respondent shall, for
a period of five (5) years from the date this order becomes final,
cause to be made minutes of all business meetings of its membership,
its board of directors, and its committees, Such minutes shall (i)
Identify all persons attending such meeting, (ii) include a
certification, signed by the presiding officer and the secretary under
penalty of perjury, that states whether hours of operation were
discussed at the meeting, and (iii) summarize what was discussed at the
meeting. If hours of operation were discussed at any business meeting
subject to this order, then the minutes of such meeting shall identify
the participants in the discussion of hours of operation and state in
detail the substance of the discussion(s). Each association respondent
shall retain such minutes (including, but not limited to, the required
certifications) for a period of five (5) years from the date the
minutes were created. Such minutes shall be provided to the Commission
upon request.
It Is Further Ordered, that each association respondent shall:
A. Within sixty (60) days from the date this order becomes final,
amend its bylaws, rules and regulations to eliminate any provision
inconsistent with any provision of this order;
B. Within sixty (60) days from the date this order becomes final,
amend its bylaws, rules and regulations to incorporate: (1) A provision
that prohibits its members from discussing at any formal or informal
membership, board of directors, or committee meeting the house of
operation of any dealer, except to the extent necessary to comply with
any order of the Federal Trade Commission; and (2) a provision that
requires expulsion from membership of any member who violates such
prohibition;
C. Within ten (10) days after the amendment of any bylaws, rules or
regulations pursuant to this order, furnish a copy of such amended
bylaws, rules or regulations to all members, and within ten (10) days
of any new member joining an association respondent, furnish to such
new member a copy of the bylaws, rules and regulations of association
respondent; and
D. Within sixty (60) days after receiving information from any
source concerning a potential violation of any bylaw, rule, or
regulation required by Part IX.B. of this order, investigate the
potential violation, record the findings of the investigation, and
expel for a period of one (1) year any member who is found to have
violated any of the bylaws, rules or regulations required by Part IX.B.
of this order.
X
It Is Further Ordered, that each association respondent shall, for
a period of five (5) years from the date this order becomes final,
provide to the Commission the name and address of any member expelled
pursuant to the requirements of Part IX.D. of this order within ten
(10) days after such expulsion.
XI
It Is Further Ordered, that within ten (10) days after the date
this order becomes final, each Group I dealership and individual
respondent, as well as each Group II dealership and individual
respondent, shall provide a copy of the order to each of its employees
involved in motor vehicle sales or leasing in the Detroit area and each
association respondent shall provide a copy of the order to each of its
officers, directors, members and employees. For a period of five (5)
years from the date this order becomes final, each Group I dealership
and individual respondent, as well as each Group II dealership and
individual respondent, shall provide a copy of the order to each new
employee involved in motor vehicle sales or leasing in the Detroit
area, and each association respondent shall provide a copy to each new
member, within ten (10) days after the date the employee is hired or
the new member joins the association respondent.
XII
It Is Further Ordered, that each consenting respondent shall,
within ninety (90) days after this order becomes final and annually
thereafter for a period of five (5) years, file with the Commission a
verified written report setting forth in detail the manner and form in
which it has complied with this order.
The requirements of this part XII to file a compliance report with
the Commission shall not apply to any individual respondent who does
not own or operate a dealership in the Detroit area; provided, however,
that such individual respondent shall, within ninety (90) days after
this order becomes final, file with the Commission a verified written
report stating that he does not own or operate a dealership in the
Detroit area; provide further that if circumstances change whereby such
individual respondent does own or operate a dealership in the Detroit
Area, then that individual respondent shall notify the Commission at
the earliest practicable date prior to any such change and begin
complying with the requirements of Part XII of this order.
XIII
It Is Further Ordered, that for a period of five (5) years from the
date this order becomes final, each consenting respondent that is not
an individual shall notify the Commission at least thirty (30) days
prior to any proposed change in corporate status (such as dissolution,
assignment, or sale) that results in the emergence of a successor
corporation, the creation of dissolution of subsidiaries, or any other
change in any corporate respondent which may affect compliance
obligations arising out of the order. Each consenting respondent that
is an individual shall, for five (5) years from the date the order
becomes final, promptly notify the Commission of the discontinuance of
his present business or employment and of any new affiliation or
employment with any dealer or dealer association. Such notice shall
include the individual's new business address and a statement of the
nature of the business or employment in which the respondent is newly
engaged, as well as a description of the individual's duties and
responsibilities in connection with the new business or employment.
Attachment A
Group I Dealership Respondents
Jim Causley Pontiac-GMC Truck, Inc., 38111 Gratiot Avenue, Mt.
Clemens, MI 48043
Jim Fresard Pontiac, Inc., 400 North Main Street, Royal Oak, MI
48067
Red Holman Pontiac, Inc. a/k/a Red Holman Pontiac-Toyota-GMC Truck
Co., 35300 Ford Road, Westland, MI 48185
Art Moran Pontiac, GMC, Inc., 29000 Telegraph Road, Southfield, MI
48034
Rinke Pontiac, GMC, Inc., 27100 Van Dyke Avenue, Warren, MI 48093
Bob Sellers Pontiac-GMC Truck, Inc. a/k/a Bob Sellers Pontiac-GMC,
Inc., 38000 Grand River, Farmington Hills, MI 48335
Shelton Pontiac-Buick, Inc., 855 S. Rochester Road, Rochester, MI
48306
Jack Cauley Chevrolet, Inc., 7020 Orchard Lake Road, West
Bloomfield, MI 48033
Dick Genthe Chevrolet, Inc., 15600 Eureka Road, Southgate, MI 48195
Lou LaRiche Chevrolet a/k/a Lou LaRiche Chevrolet-Subaru, Inc.,
40875 Plymouth Road, Plymouth, MI 48170
Mark Chevrolet, Inc., 33200 Michigan Avenue, Wayne, MI 48184
George Matick Chevrolet, Inc., 14001 Telegraph Road, Redford,
Michigan 48239
Matthews-Hargreaves Chevrolet Co., 1616 South Main Street, Royal
Oak, MI 48067
Merollis Chevrolet Sales & Service, 21800 Gratiot Avenue,
Eastpointe, MI 48021-2224
Mike Savoie Chevrolet, Inc., 1900 West Maple, Troy, MI 48084
Les Stanford Chevrolet, Inc., 21711 Michigan Avenue, Dearborn, MI
48123
Tennyson Chevrolet, Inc., 32570 Plymouth Road, Livonia, MI 48150
Buff Whelan Chevrolet, Inc., 40445 Van Dyke Avenue, Sterling
Heights, MI 48311-8002
Wink Chevrolet, Co. d/b/a Bill Wink Chevrolet/GMC, 10700 Ford Road,
Dearborn, MI 48126
Ed Rinke Chevrolet, Inc. a/k/a Ed Rinke Chevrolet-GMC Co., 26125 Van
Dyke Avenue, Centerline, MI 48015-1280
Armstrong Buick-Opel, Inc., 30500 Plymouth Road, Livonia, MI 48150
Fischer Automotive Group, Inc. f/k/a/ Fisher Buick-Subaru, Inc.,
1790 Maplelawn, Troy, MI 48099-0909
Tamaroff Buick Opel, Inc. f/k/a Tamaroff Buick-Honda, Inc., 28585
Telegraph Road, Southfield, MI 48034
Audette Cadillac, Inc., 7100 Orchard Lake Road, West Bloomfield, MI
48033
Dreisbach and Sons Cadillac, Inc. a/k/a Dreisbach & Sons Cadillac
Co., 24600 Grand River Avenue, Detroit, MI 48219
Birmingham Chrysler-Plymouth, Inc., 2100 West Maple Road, Troy, MI
48084
Lochmoor Chrysler-Plymouth, Inc., 18165 Mack Avenue, Detroit, MI
48224
Shelby Oil Company, Inc. d/b/a Monicatti Chrysler-Plymouth, Inc.,
40755 Van Dyke Avenue, Sterling Heights, MI 48078
Roseville Chrysler-Plymouth, Inc., 25800 Gratiot Avenue, Roseville,
MI 48006
Westborn Chrysler-Plymouth, Inc., 23300 Michigan Avenue, Dearborn,
MI 48124
Colonial Dodge, Inc., 24211 Gratiot Avenue, E. Detroit, MI 48021
Mt. Clemens Dodge, Inc., 43774 N. Gratiot, Mt. Clemens, MI 48043
Northwestern Dodge, Inc., 10500 W. Eight Mile Road, Ferndale, MI
48220
Oakland Dodge, Inc., 101 W. Fourteen Mile Road, Madison Heights, MI
48071
Sterling Heights Dodge, Inc., 40111 Van Dyke Avenue, Sterling
Heights, MI 48078
Van Dyke Dodge, Inc., 28400 Van Dyke Avenue, P.O. Box 1539, Warren,
MI 48090
Avis Ford, Inc., 29200 Telegraph Road, Southfield, MI 48034
Jorgensen Ford, Inc. f/k/a Jerry Bielfield Co., 8333 Michigan
Avenue, Detroit, MI 48210
Fairlane Ford Sales, Inc. f/k/a Beverly John Ford a/k/a Bob Ford,
Inc., 14585 Michigan Avenue, Dearborn, MI 48126
Gorno Brothers, Inc., 22025 Allen Road, Woodhaven, MI 48183
Jerome-Duncan, Inc., 8000 Ford Country Lane, Sterling Heights, MI
48313-3710
McDonald Ford Sales, Inc., 550 West Seven Mile Road, Northville, MI
48167
Pat Milliken Ford, Inc., 9600 Telegraph Road, Redford, MI 48239
Russ Milne Ford, Inc., 43870 N. Gratiot Avenue, Mt. Clemens, MI
48036
North Brothers Ford, Inc., 33300 Ford Road, Westland, MI 48185
Stark Hickey West, Inc., 24760 West Seven Mile Road, Detroit, MI
48219
Bob Thibodeau, Inc., 26333 Van Dyke Avenue, Centerline, MI 48015
Arnold Lincoln Mercury Co., 29000 Gratiot Avenue, Roseville, MI
48066
Stu Evans Lincoln Mercury of Garden City a/k/a Stu Evans Lincoln-
Mercury, Inc. of Garden City, 32000 Ford Road, Garden City, MI 48135
Stu Evans Lincoln Mercury of Southgate a/k/a Stu Evans Lincoln-
Mercury, Inc. of Southgate, 16800 Fort Street, Southgate, MI 48195
Hines Park Lincoln Mercury a/k/a Hines Park Lincoln-Mercury, Inc.,
40601 Ann Arbor Road, Plymouth, MI 48170
Krug Lincoln-Mercury, Inc., 21531 Michigan Avenue, Dearborn, MI
48124
McInerney, Inc. d/b/a Northland Chrysler-Plymouth, Inc., 14100 West
Eight Mile Road, Oak Park, MI 48237
Park Motor Sales Co. a/k/a PHP d/b/a Park Motor Sales Co., 18100
Woodward Avenue, Detroit, MI 48203
Star Lincoln Mercury, Inc., 24350 Twelve Mile Road, P.O. Box 2142,
Southfield, MI 48037
Charnock Oldsmobile, Inc., 24555 Michigan Avenue, Dearborn, MI 48124
Drummy Oldsmobile, Inc., 14925 East Eight Mile Road, Eastpointe,
Michigan 48021
Gage Oldsmobile, Inc., 21710 Woodward, Ferndale, MI 48220-0280
Bill Rowan Oldsmobile a/k/a Bill Rowan Oldsmobile, Inc., 15800
Eureka Road, Southgate, MI 48195
Suburban Oldsmobile-Cadillac f/k/a Suburban Oldsmobile-Datsun, Inc.,
1810 Maplelawn, Troy, MI 48099-0909
Autobahn Motors, Inc., 1765 South Telegraph Road, Bloomfield Hills,
MI 48013
Melton Motors, Inc., 15100 Eureka, Southgate, MI 48195
Wood Motors, Inc., 15351 Gratiot Avenue, Detroit, MI 48205
Pointe Dodge, Inc., 18001 Mack Avenue, Detroit, MI 48224
Attachment B--
Group I Individual Respondents
W. Robert Allen c/o. Matthews-Hargreaves Chevrolet Co., 1616 South
Main Street, Royal Oak, MI 48067
Thomas Clark Armstrong, c/o Armstrong Buick-Opel, Inc., 30500
Plymouth road, Livonia, MI 48150
Charles Audette c/o Audette Cadillac, Inc., 7100 Orchard Lake Road,
West Bloomfield, MI 48033
Frank B. Audette c/o Audette Cadillac, Inc., 7100 Orchard Lake Road,
West Bloomfield, MI 48033
Robert F. Barnett, 3923 Maple Hill East, West Bloomfield, MI 48033
Jerry M. Bielfield, 19457 Suffolk, Detroit MI 48203
Robert M. Brent, 32711 Van Dyke Avenue, Warren, MI 48093
Paul Carrick c/o Autobahn Motors, Inc., 1765 South Telegraph Road,
Bloomfield Hills, MI 48013
John H. Cauley c/o Jack Cauley Chevrolet, Inc., 7020 Orchard Lake
Road, West Bloomfield, MI 48033
James F. Causely, Sr. c/o Jim Causley Pontiac-GMC Truck, Inc., 38111
Gratiot Avenue, Mt. Clemens, MI 48043
J. Herbert Charnock c/o Charnock Oldsmobile, Inc., 24555 Michigan
Avenue, Dearborn, MI 48124
John Cueter, 2448 Washtenaw, Ypsilanti, MI 48197
Al Dittrich, 5825 Highland Road, Waterford, MI 48237
Thomas S. Dreisbach c/o Dreisbach and Sons Cadillac, Inc., 24600
Grand River Avenue, Detroit, MI 48219
John L. Drummy, Sr. c/o Drummy Oldsmobile, Inc., 14925 East Eight
Mile Road, Eastpointe, Michigan 48021
Richard J. Duncan c/o Jerome-Duncan, Inc., 8000 Ford Country Lane,
Sterling Heights, MI 48313-3710
Stewart Evans c/o Stu Evans Lincoln Mercury of Garden City, 32000
Ford Road, Garden City, MI 48135
Arnold Feuerman c/o Arnold Lincoln Mercury Co., 29000 Gratiot
Avenue, Roseville, MI 48066
W.R. Flannery a/k/a Richard Flannery, 3456 Franklin Road, Bloomfield
Hills, MI 48302
B. John Ford a/k/a John Ford c/o Bob Ford, Inc., 14585 Michigan
Avenue, Dearborn, MI 48126
F. James Fresard, c/o Jim Fresard Pontiac, Inc., 400 North Main
Street, Royal Oak, MI 48067
Frank Galeana, c/o Van Dyke Dodge, Inc., 28400 Van Dyke Avenue, P.O.
Box 1539, Warren, MI 48090
Richard E. Genthe, c/o Dick Genthe Chevrolet, Inc., 15600 Eureka
Road, Southgate, MI 48195
Albert A. Holman, c/o Red Holman Pontiac, Inc., 35300 Ford Road,
Westland, MI 48185
George Kolb, c/o Hines Park Lincoln-Mercury, 40601 Ann Arbor Road,
Plymouth, MI 48170
Sigmund Krug, c/o Krug Lincoln-Mercury, Inc., 21531 Michigan Avenue,
Dearborn, MI 48124
Louis H. LaRiche, c/o Lou LaRiche Chevrolet, 40875 Plymouth Road,
Plymouth, MI 48170
Walter N. Lazar, P.O. Box 6594, Delray Beach, FL 33484
W. Desmond McAlister, 33011 Westview Court South, Bloomfield Hills,
MI 48304
Martin J. McInerney, c/o McInerney, Inc., 14100 West Eight Mile
Road, Oak Park, MI 48237
George S. Matick, Jr., c/o George Matick Chevrolet, Inc., 14001
Telegraph Road, Redford, Michigan 48239
Kenneth Meade, c/o Pointe Dodge, Inc., 18001 Mack Avenue, Detroit,
MI 48224
George Melton, c/o Melton Motors, Inc., 15100 Eureka, Southgate, MI
48195
Norman A. Merollis, c/o Merollis Chevrolet Sales & Service, 21800
Gratiot Avenue, Eastpointe, MI 48021-2224
W.B. (Pat) Milliken, c/o Pat Milliken Ford, Inc., 9600 Telegraph
Road, Redford, MI 48239
Russell H. Milne, c/o Russ Milne Ford, Inc., 43870 N. Gratiot
Avenue, Mt. Clemens, MI 48036
Arthur C. Moran, c/o Art Moran Pontiac, GMC, Inc., 29000 Telegraph
Road, Southfield, MI 48034
James E. North, c/o North Brothers Ford, Inc., 33300 Ford Road,
Westland, MI 48185
James E. Riehl, c/o Roseville Chrysler-Plymouth, Inc., 25800 Gratiot
Avenue, Roseville, MI 48006
Roland J. Rinke, c/o Rinke Pontiac, GMC, Inc., 27100 Van Dyke
Avenue, Warren, MI 48093
Arthur J. Roshak, c/o Colonial Dodge, Inc., 24211 Gratiot Avenue, E.
Detroit, MI 48021
William H. Rowan, c/o Bill Rowan Oldsmobile, 15800 Eureka Road,
Southgate, MI 48195
Myron P. Savoie, c/o Mike Savoie Chevrolet, Inc., 1900 West Maple,
Troy, MI 48084
Robert B. Sellers, c/o Bob Sellers Pontiac-GMC Truck, Inc., 38000
Grant River, Farmington Hills, MI 48335
C.M. Shelton, c/o Shelton Pontiac-Buick, Inc., 855 S. Rochester
Road, Rochester, MI 48306
Joseph B. Slatkin, c/o Sheila Rosenbauer, Harry Slatkin Builders,
39935 Grand River, Novi, MI 48375
Leslie J. Stanford, c/o Les Stanford Chevrolet, Inc., 21711 Michigan
Avenue, Dearborn, MI 48123
Marvin M. Tamaroff, c/o Tamaroff Buick Opel, Inc., 28585 Telegraph
Road, Southfield, MI 48034
Harry Tennyson, c/o Tennyson Chevrolet, Inc., 32570 Plymouth Road,
Livonia, MI 48150
Robert Thibodeau, c/o Bob Thibodeau, Inc., 26333 Van Dyke Avenue,
Centerline, MI 48015
Anthony J. Viviano, c/o Sterling Heights Dodge, Inc., 40111 Van Dyke
Avenue, Sterling Heights, MI 48078
Stanley A. Wilk, c/o Star Lincoln Mercury, Inc., 24350 Twelve Mile
Road, P.O. Box 2142, Southfield, MI 48037
William J. Wink, Jr., c/o Wink Chevrolet, Co., 10700 Ford Road,
Dearborn, MI 48126
Donald Wood, Sr., c/o Wood Motors, Inc., 15351 Gratiot Avenue,
Detroit, MI 48205
Robert Zankl, 18018 Riverside Drive, Pompano Beach, FL 33062
Attachment C
Group II Dealership Respondents
James Martin Chevrolet, Inc., 6250 Woodward Avenue, Detroit, MI
48202
Jefferson Chevrolet, Co., 2130 East Jefferson Avenue, Detroit, MI
48207
Charles Dalgleish Cadillac, Inc., 6160 Cass Avenue, Detroit, MI
48202
Bill Snethkamp, Inc., 16430 Woodward Avenue, Highland Park, MI 48023
Garrity Motor Sales, Inc., 11500 Joseph Campau, Hamtramck, MI 48212
Attachment D
Group II Individual Respondents
Charles H. Dalgleish, Jr. c/o Charles Dalgleish Cadillac, Inc., 6160
Cass Avenue, Detroit, MI 48202
Douglas Dalgleish c/o Charles Dalgleish Cadillac, Inc., 6160 Cass
Avenue, Detroit, MI 48202
James A. Garrity c/o Garrity Motor Sales, Inc., 11500 Joseph Campau,
Hamtramck, MI 48212
James B. Large c/o James Martin Chevrolet, Inc., 6250 Woodward
Avenue, Detroit, MI 48202
William Snethkamp c/o Bill Snethkamp, Inc., 16430 Woodward Avenue,
Highland Park, MI 48023
James P. Tellier c/o Jefferson Chevrolet, Co., 2130 East Jefferson
Avenue, Detroit, MI 48207
Raymond R. Tessmer c/o Jefferson Chevrolet, Co., 2130 East Jefferson
Avenue, Detroit, MI 48207
Attachment E
Association Respondents
Tri-County Pontiac Dealers Association, Inc., 16000 W. Twelve Mile
Road, Southfield, MI 48076
Greater Detroit Chevrolet Dealers Association, Inc., 100 Renaissance
Center, Suite 3100, Detroit, MI 48243
Chrysler-Plymouth Dealers Association of Greater Detroit, Inc. c/o
Dykema Gossett, 400 Renaissance Center, Detroit, MI 48243-1668
Southeastern Michigan Dodge Dealers Association, Inc. f/k/a Greater
Detroit Dodge Dealers Association, Inc., 13500 Telegraph Road,
Taylor, MI 48180
Metro Detroit Buick Dealers Association, Inc., 100 Renaissance
Center, Suite 3100, Detroit, MI 48243
Metro Detroit Cadillac Dealers Association, Inc., 100 Renaissance
Center, Suite 3100, Detroit, MI 48243
Metropolitan Detroit Ford Dealers, Inc., 30955 Northwestern Highway,
Suite 250, Farmington Hills, MI 48334
Metropolitan Detroit Oldsmobile Dealers Association, Inc., 24700
Northwestern Highway, P.O. Box 307, Southfield, MI 48037-0307
Metropolitan Lincoln-Mercury Dealers Association, Inc., 1500
Woodward Avenue, Suite 300, Bloomfield Hills, MI 48303
Southeastern Michigan Volkswagen Dealers Association, Inc., 650
First National Building, Detroit, MI 48226
Metropolitan Detroit Chevrolet Dealers Advertising Association a/k/a
Metropolitan Detroit Chevrolet Dealers Advertising Association,
Inc., 100 Renaissance Center, Suite 3100, Detroit, MI 48243
Chrysler-Plymouth Dealers of Greater Detroit Advertising
Association, Inc. c/o Dykema Gossett, 400 Renaissance Center,
Detroit, MI 48243-1668
Ford Dealers Advertising Fund, Inc., 30955 Northwestern Highway,
Suite 250, Farmington Hills, MI 48334
Lincoln-Mercury Dealers Advertising Fund--Detroit District, Inc.,
1500 Woodward Avenue, Suite 300, Bloomfield Hills, MI 48303
Tri-County D.A.A., Inc., 13500 Telegraph Road, Taylor, MI 48180
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission has accepted, subject to final
approval, two agreements to a proposed consent order from sixty-nine
automobile dealerships, sixty-two owners or managers of automobile
dealerships and fifteen dealer associations located in the Detroit,
Michigan area. Each agreement was executed by a different group of
dealers, individuals and associations, but the agreements are identical
in content. The parties to the agreements (hereinafter collectively
referred to as ``the dealers'') are listed below.
The proposed consent order has been placed on the public record for
60 days for reception of comments by interested parties. Comments
received during this period will become part of the public record.
After 60 days, the Commission will again review the agreements and the
comments received and will decide whether it should withdraw from the
agreements or make final the agreements' proposed order.
On December 20, 1984, the Commission issued an administrative
complaint alleging that the dealers, together with other dealers who
are not parties to the consent agreements, agreed among themselves and
with others to limit competition in the sale of new motor vehicles in
the Detroit, Michigan area in violation of Section 5 of the Federal
Trade Commission Act, by adopting and adhering to a schedule limiting
hours of operation for the sale or lease of motor vehicles in the
Detroit area. The alleged agreement limited weekday evening hours to
Mondays and Thursdays and eliminated Saturday hours altogether, except
for occasional special sales.
On July 14, 1987, the Administrative Law Judge (``ALJ'') issued an
Initial Decision dismissing the complaint. The ALJ found that the
dealers and the other respondents had acted in response to employee
demands for shorter hours and, therefore, that the dealers' agreement
was exempt from the antitrust laws by reason of the non-statutory labor
exemption.
Counsel supporting the complaint appealed the Initial Decision to
the Commission. On February 22, 1989, the Commission issued a decision
reversing the ALJ. The Commission held that the dealers were not
entitled to the nonstatutory labor exemption because their uniform
hours restrictions were not the result of any collective bargaining
activity with employees; on the contrary, the dealers had agreed among
themselves in order to avoid collective bargaining. The Commission's
Final Order, among other provisions, prohibited the dealers from
conspiring in any way to fix hours of operation. As a corrective
measure the Final Order also required the dealers to remain open a
minimum of 64 hours a week for one year. The Commission found that ``a
cease and desist order alone would be inadequate to remedy the
respondents' violations of section 5.'' Because of the history of
violent enforcement of the hours restrictions, the Commission found
that ``[d]ealers individually will decide to remain closed for fear of
reprisals if they try to extend hours. Only if many dealers are open at
the same time, making enforcement of the restriction difficult or
impossible, will the fear of being singled out for enforcement be
overcome.'' Detroit Auto Dealers Assoc., Inc., 111 FTC 417, 506 (1989).
The dealers and other respondents appealed the Commission's
decision to the United States Court of Appeals for the Sixth Circuit.
On January 31, 1992, the Court of Appeals affirmed the Commission's
decision in substantial part and remanded the case to the Commission
for the ``limited purpose'' of reconsidering certain issues.
The dealers subsequently signed an Agreement Containing a Consent
Order to Cease and Desist in order to resolve the allegations in the
administrative complaint. Under Part I of the proposed order, the
dealers would be prohibited from entering into, continuing or carrying
out any agreement to establish, fix or maintain any hours of operation.
Part II.A of the proposed order would prohibit the dealers from
exchanging information or communicating with any other dealer or
association concerning hours of operation, except to the extent
necessary to comply with any order of the Commission, and except, after
two (2) years from the date the order becomes final, to the extent
necessary to incorporate individual dealers' hours of operation in
lawful joint advertisements. Part II.A has two exceptions to the two-
year prohibition against the inclusion of individual dealers' hours of
operation in joint advertising. First, the prohibition would not apply
to individual dealers that are legally operated under common control.
Second, the prohibition would not apply to joint advertising for
special events such as tent sales, mall sales, or annual sales when
hours of operation are extended.
Part II.B of the proposed order would prohibit the dealers from
requesting, recommending, coercing, influencing, inducing, encouraging
or persuading another dealer or dealer association to maintain, adopt
or adhere to any hours of operation.
Under Parts III and IV of the proposed order, the dealers (other
than the associations) would be required to maintain certain minimum
hours of operation for a period of one year. Part III would require the
vast majority of the dealers (identified as ``Group I'' respondents,
listed in Addendums A and B to the orders) to maintain a minimum of
sixty-two (62) hours of operation per week for a one-year period, with
a reduced minimum for weeks that contain one of six major holidays (New
Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving and
Christmas), Christmas Eve or New Year's Eve.
Under Part IV of the proposed consent order, certain dealers
(identified as ``Group II'' respondents, listed in Addendums C and D to
the orders) would be required to maintain a lower minimum of 58 hours
of operation per week during Standard (non-daylight savings) time, with
a 62-hour minimum in effect during Daylight Savings time. Group II
dealers have provided evidence to the Commission that because of the
crime rate in the areas in which they do business, the safety of their
employees would be jeopardized if their dealerships were required to be
open for 62 hours during Standard time, when daylight hours are
shorter. The dealers in Group II would be permitted to make the same
adjustment for holiday weeks as the Group I dealers.
Parts III and IV of the proposed order would also provide that the
staffing for non-weekday hours may be reduced to a level sufficient to
meet the market demand during such hours, provided that the staffing
shall be sufficient in number and authority to consummate fully all
sales and lease transactions in the same manner as during weekday
hours.
Parts V and VI of the proposed order would provide most-favored-
nations treatment to Group I and Group II dealers, respectively, in the
event that any subsequent Commission order requires fewer minimum hours
of operation than required by Part III or Part IV, whichever is
applicable. Parts V and VI would also specify certain exceptions to the
triggering of most-favored-nations treatment.
Under Part VII of the proposed order, the dealers would be required
to disclose their hours of operation in all advertising for a none-year
period. A printed disclosure must be made in a ``clear and prominent
manner'' using ``twelve point or larger bold type so that it can be
readily noticed.'' In radio advertising or in the audio portion of
television advertising, the respondent need not state specific hours on
a day-by-day basis so long as it states ``clearly and prominently'' the
evenings on which it is open, and any Saturday hours.
Under Part VIII of the proposed consent order, each association
would be required to maintain detailed certified minutes of any meeting
at which hours of operation are discussed.
Part IX of the proposed order would require each association to
amend its bylaws, rules and regulations to: (i) Eliminate any provision
inconsistent with any provision of the order; (ii) incorporate a
provision that prohibits its members from discussing hours of operation
at any meeting; and (iii) expel from membership any member who violates
such prohibition. Each association would also be required to furnish a
copy of the amended bylaws, rules and regulations to every member and
new member, and within 60 days after receiving information concerning a
potential violation of any bylaw, rule or regulation required by the
order, conduct an investigation and expel for one year any person who
is found to have committed a violation. Under Part X of the proposed
order, each association would be required to provide to the Commission
the name and address of each member expelled pursuant to paragraph IX.
The remainder of the proposed order contains provisions regarding
compliance, record-keeping and distribution of the order to various
persons. Part XI would require each dealership and association to give
a copy of the order to each employee and member, and to each new
employee and member, as the case may be. Part XII would require the
dealers to file annual compliance reports for a period of five years.
The reporting requirement would be waived for individuals who no longer
own or operate a dealership in the Detroit area, provided that the
individual submits an initial compliance report so stating. The
reporting requirement would be re-activated if the individual again
comes into ownership or operation of a dealership in the Detroit area.
Part XIII of the proposed order would require each dealer to report any
change of status that may affect its obligations under the order.
The purpose of this analysis is to facilitate public comment on the
proposed order, and it is not intended to constitute an official
interpretation of the agreements and the proposed order or to modify in
any way their terms.
Parties to the Consent Agreements
Group I Dealerships (Addendum A to the Agreements)
Jim Causley Pontiac-GMC Truck, Inc.
Jim Fresard Pontiac, Inc.
Red Holman Pontiac, Inc. a/k/a Red Holman Pontiac-Toyota-GMC Truck
Co.
Art Moran Pontiac, GMC, Inc. a/k/a Art Moran Pontiac-GMC, Inc.
Rinke Pontiac, GMC, Inc. a/k/a Rinke Pontiac-GMC Co.
Bob Sellers Pontiac-GMC Truck, Inc. a/k/a Bob Sellers Pontiac-GMC,
Inc.
Shelton Pontiac-Buick, Inc.
Jack Cauley Chevrolet, Inc.
Dick Genthe Chevrolet, Inc.
Lou LaRiche Chevrolet a/k/a Lou LaRiche Chevrolet-Subaru, Inc.
Mark Chevrolet, Inc.
George Matick Chevrolet, Inc.
Matthews-Hargreaves Chevrolet Co.
Merollis Chevrolet Sales & Service
Ed Rinke Chevrolet, Inc. a/k/a Ed Rinke Chevrolet-GMC Co.
Mike Savoie Chevrolet, Inc.
Les Stanford Chevrolet, Inc.
Tennyson Chevrolet, Inc.
Buff Whelan Chevrolet, Inc.
Wink Chevrolet, Co. d/b/a Bill Wink Chevrolet/GMC
Armstrong Buick-Opel, Inc.
Fischer Automotive Group, Inc. f/k/a Fischer Buick Mazda-Subaru-
Suzuki a/k/a Fischer Buick-Subaru, Inc.
Tamaroff Buick Opel, Inc. a/k/a Tamaroff Buick-Honda, Inc.
Audette Cadillac, Inc.
Dreisbach and Sons Cadillac, Inc. a/k/a Dreisbach & Sons Cadillac
Co.
Birmingham Chrysler-Plymouth, Inc.
Lochmoor Chrysler-Plymouth, Inc.
Shelby Oil Company, Inc.
Roseville Chrysler-Plymouth, Inc.
Westborn Chrysler-Plymouth, Inc.
Colonial Dodge, Inc.
Mt. Clemens Dodge, Inc.
Northwestern Dodge, Inc.
Oakland Dodge, Inc.
Sterling Heights Dodge, Inc.
Van Dyke Dodge, Inc.
Avis Ford, Inc.
Jorgensen Ford, Inc. f/k/a Jerry Bielfield Co.
Fairlane Ford, Inc. a/k/a Beverly John Ford
Gorno Brothers, Inc.
Jerome-Duncan, Inc.
McDonald Ford Sales, Inc.
Pat Milliken Ford, Inc.
Russ Milne Ford, Inc.
North Brothers Ford, Inc.
Stark Hickey West, Inc.
Bob Thibodeau, Inc.
Arnold Lincoln Mercury Co. a/k/a Arnold Lincoln-Mercury Co.
Stu Evans Lincoln Mercury of Garden City a/k/a Stu Evans Lincoln-
Mercury, Inc., of Garden City
Stu Evans Lincoln Mercury of Southgate a/k/a Stu Evans Lincoln-
Mercury, Inc., of Southgate
Hines Park Lincoln Mercury a/k/a Hines Park Lincoln-Mercury, Inc.
Krug Lincoln-Mercury, Inc.
McInerney, Inc. d/b/a Northland Chrysler-Plymouth, Inc.
Park Motor Sales Co. a/k/a PHP d/b/a Park Motor Sales Co.
Star Lincoln Mercury, Inc. a/k/a Star Lincoln-Mercury, Inc.
Charnock Oldsmobile, Inc.
Drummy Oldsmobile, Inc.
Gage Oldsmobile, Inc.
Bill Rowan Oldsmobile a/k/a Bill Rowan Oldsmobile, Inc.
Suburban Oldsmobile-Cadillac a/k/a Suburban Oldsmobile-Datsun, Inc.
Autobahn Motors, Inc.
Melton Motors, Inc.
Wood Motors, Inc.
Pointe Dodge, Inc.
Group II Dealerships (Addendum B to the Agreements)
James Martin Chevrolet, Inc. a/k/a James-Martin Chevrolet, Inc.
Jefferson Chevrolet, Co. a/k/a Jefferson Chevrolet Co.
Charles Dalgleish Cadillac, Inc. a/k/a Charles Dalgleish Cadillac-
Peugeot, Inc.
Bill Snethkamp, Inc.
Garrity Motor Sales, Inc.
Group I Individuals (Addendum C to the Agreements)
W. Robert Allen
Thomas Clark Armstrong a/k/a Thomas Armstrong
Charles Audette
Frank B. Audette a/k/a Frank Audette
Robert Barnett a/k/a Robert B. Barnett
Jerry Bielfield a/k/a Jerry M. Bielfield
Robert M. Brent
Paul Carrick
John H. Cauley
James Causely a/k/a James F. Causley, Sr.
J. Herbert Charnock
John Cueter
Al Dittrich
Thomas S. Dreisbach
John L. Drummy, Sr.
Richard Duncan a/k/a Richard J. Duncan
Stewart Evans
Arnold Feuerman
W.R. Flannery a/k/a Richard Flannery
B.J. Ford a/k/a John Ford
F. James Fresard
Frank Galeana
Richard E. Genthe
Albert A. Holman
George Kolb
Sigmund Krug
Louis LaRiche a/k/a Louis H. LaRiche
Walter N. Lazar
W. Desmond McAlister
Martin J. McInerney
George S. Matick, Jr.
Kenneth Meade
George Melton
Norman A. Merollis
Pat Milliken a/k/a W.B. (Pat) Milliken
Russell H. Milne
Arthur C. Moran
James North a/k/a James E. North
James E. Riehl a/k/a James Riehl
Roland J. Rinke a/k/a Roland Rinke
Arthur J. Roshak
William H. Rowan
Myron P. Savoie
Bob Sellers a/k/a Robert B. Sellers
C.M. Shelton a/k/a C.M. (Bud) Shelton
Joseph B. Slatkin
Leslie J. Stanford
Marvin M. Tamaroff a/k/a Marvin Tamaroff
Harry Tennyson
Bob Thibodeau, Sr. a/k/a Robert Thibodeau
Anthony J. Viviano
Stanley A. Wilk
William J. Wink, Jr.
Donald Wood, Sr. a/k/a Donald Wood
Robert Zankl
Group II Individuals (Addendum D to the Agreements)
Charles H. Dalgleish, Jr. a/k/a Charles Douglas Dalgleish Dalgleish,
Jr.
James a. Garrity
James P. Large
William Snethkamp
James P. Tellier
Raymond R. Tessmer
Associations (Addendum E to the Agreements)
Tri-County Pontiac Dealers Association, Inc. a/k/a Tri County
Pontiac Dealers Association, Inc.
Greater Detroit Chevrolet Dealers Association, Inc.
Chrysler-Plymouth Dealers Association of Greater Detroit, Inc., a
corporation a/k/a Chrysler and Plymouth Dealers Association of
Greater Detroit, Inc.
Southeastern Michigan Dodge Dealers Association, Inc. a/k/a Greater
Detroit Dodge Dealers Association, Inc.
Metro Detroit Buick Dealers Association, Inc.
Metro Detroit Cadillac Dealers Association, Inc.
Metro Detroit Ford Dealers, Inc. a/k/a Metropolitan Detroit Ford
Dealers, Inc.
Metropolitan Detroit Oldsmobile Dealers Association, Inc.
Metropolitan Lincoln-Mercury Dealers Association, Inc.
Southeastern Michigan Volkswagen Dealers Association, Inc.
Metropolitan Detroit Chevrolet Dealers Advertising Association, Inc.
Chrysler-Plymouth Dealers of Greater Detroit Advertising
Association, Inc. a/k/a Chrysler Plymouth Dealers of Greater Detroit
Advertising Association, Inc.
Ford Dealers Advertising Fund, Inc. a/k/a Metro Detroit Ford
Advertising Fund, Inc.
Lincoln-Mercury Dealers Advertising Fund--Detroit District, Inc.
Tri-County D.A.A., Inc. a/k/a Tri County D.A.A., Inc.
Donald S. Clark,
Secretary.
[FR Doc. 94-3089 Filed 2-9-94; 8:45 am]
BILLING CODE 6750-01-M