MCM Successful In Auto Dealer Dispute
In a decision issued in March 2011, Justice John Nivison of Maine’s Business and Consumer Court affirmed a ruling of Maine’s Motor Vehicle Franchise Board, holding that MCM client Ford Motor Company did not violate a provision in Maine’s automobile dealer franchise laws that outlaws so-called “two-tier pricing”. Justice Nivison ruled that Ford acted lawfully when it required dealers, as a condition to receiving certain parts pricing discounts, to provide Ford with data to be used in analyzing dealers’ market share and areas of potential growth. Justice Nivison ruled that the use of incentives, available to all dealers, did not constitute the kind of “two-tier pricing” that the law prohibits, and that there was nothing particularly onerous about Ford’s program. Ford was represented in this matter by MCM partner Daniel Rosenthal. Learn more about Dan here.