Detroit Auto Dealers Association, Inc., et al.; Proposed Consent Agreement With Analysis To Aid Public Comment

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