B220436

UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION

COMMISSIONERS:

Robert Pitofsky, Chairman

Mary L. Azcuenaga

Janet D. Steiger

Roscoe B. Starek, III

Christine A. Varney

In the Matter of

DETROIT AUTO DEALERS ASSOCIATION, INC.,

DOCKET NO. 9189

DECISION AND ORDER

The Federal Trade Commission having issued its two count complaint charging the respondents named in the complaint issued in this matter on December 20, 1984, with violation of Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. § 45; and the respondents having been served with a copy of that complaint, together with a notice of contemplated relief; and

Respondents identified in Attachment A to this ORDER, their attorneys, and counsel for the Commission having thereafter executed an agreement containing a consent order for Count I of the complaint, an admission by the identified respondents of all the jurisdictional facts set forth in the complaint, a statement that the signing of said agreement is for settlement purposes only, and waivers and other provisions as required by the Commission's Rules; and

The Secretary of the Commission having thereafter withdrawn Count I of the of the complaint from adjudication in accordance with § 3.25(c) of its Rules; and

The Commission having thereafter considered the matter and thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in § 3.25(f) of its Rules, the Commission hereby makes the following jurisdictional findings and enters the following order:

1. Respondent dealers identified in Attachment A are all corporations with their principal places of business located at the addresses shown in Attachment A.
2. Individual respondents identified in Attachment A are officers of various dealers, as shown in Attachment A, and as such they formulate, direct and control the acts and practices of the dealers for which they are officers.
3. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding as it relates to Count I of the complaint and of the identified respondents, and the proceeding is in the public interest.

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 9:00 a.m. to 6:00 p.m. Monday through Friday.
7. "Non-weekday hours" means hours other than 9:00 a.m. to 6:00 p.m. Monday through Friday.
8. "Respondent" means any dealership, individual, or association respondent.
9. "Commission" means Federal Trade Commission.

I.

IT IS FURTHER ORDERED, that the Order issued in this matter by the Commission on February 22, 1989, as modified by the Order issued by the Commission on June 20, 1995, shall be and hereby is incorporated as part of this order except as provided below:

A. Respondents’ compliance to date with Part III of said Orders shall constitute full compliance with Part III.

B. The period for which compliance reports are required under Part X of the Order of February 22, 1989, shall run for five (5) years from the effective date of the Order of June 20, 1995. Any reports filed pursuant to said Orders to date shall be construed to have been filed in compliance with said Orders as modified herein.

C. All other obligations under said Orders shall be construed to have commenced on the effective date of the Order of June 20, 1995, and shall run for the periods specified in said Orders.

By the Commission.
Donald S. Clark
Secretary
SEAL:
ISSUED: June 3, 1997

Attachment A