Retail Dealers Agreement Act

Summary

Retail Dealers' Agreement Act - Makes it a violation of this Act for any supplier of office products to: (1) induce a dealer in such products to enter into a dealer agreement by fraud; (2) fail to act in good faith in performing, canceling, terminating, or refusing to renew a dealer agreement; or (3) enter into a dealer agreement whereby the dealer will conduct business in a market area which is already the market area of another dealer without providing 60 days notice to the existing dealer. Requires a Federal district court to determine the propriety of the proposed dealership in accordance with specified guidelines in the event the existing dealer objects to its establishment. Includes among such guidelines: (1) whether the additional dealership is warranted by current economic and marketing conditions; (2) the permanency of the investment of the objecting dealer; and (3) whether the objecting dealer is providing adequate competition and sales, convenient service, and adequate facilities, equipment, and parts. Stipulates that the desire for further market penetration shall not in itself justify the establishment of a new dealership. Authorizes a dealer to bring an action against a supplier in Federal district court for damages, equitable relief, and attorney fees and other costs. Permits an award of treble damages for willful violations. Stipulates that this Act shall not be construed to modify any provision of the antitrust laws.

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1 official file

• Introduced in Senate

  summary · EN · 21 May 1981

  Open at official source

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