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withdrawn Count I of the of the complaint from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:
- Respondent dealers identified in Attachment A are
all corporations with their principal places of
business located at the addresses shown in
Attachment A.
- 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.
- 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:
- "Person" means any natural person,
corporation, partnership, association, joint
venture, trust, or other organization or entity,
but not governmental entities.
- "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.
- "Dealer association" means any trade,
civic, service, or social association whose
membership is composed primarily of dealers.
- "Detroit area" means the Detroit,
Michigan metropolitan area, comprising Macomb
County, Wayne County and Oakland County in the
State of Michigan.
- "Hours of operation" means the times
during which a dealer is open for business to
sell or lease motor vehicles.
- "Weekday hours" means the hours of 9:00
a.m. to 6:00 p.m. Monday through Friday.
- "Non-weekday hours" means hours other
than 9:00 a.m. to 6:00 p.m. Monday through
Friday.
- "Respondent" means any dealership,
individual, or association respondent.
- "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
Dealer Respondents
- Crestwood Dodge, Inc.
- 32850 Ford Road
- Garder City, MI 48135
-
- Bob Borst Lincoln-Mercury, Inc.
- a/k/a Bob Borst Lincoln-
- Mercury Sales Inc.
- 1950 W. Maple Road
- Troy, MI 48084
-
- Bob Dusseau, Inc.
- a/k/a Bob Dusseau Lincoln-Mercury
- 31625 Grant River Avenue
- Farmington, MI 48024
-
- Bob Maxey Lincoln-Mercury Sales, Inc.
- 16901 Mack Avenue
- Detroit, MI 48224
-
- Crest Lincoln-Mercury Sales, Inc.
- 36200 Van Dyke Avenue
- Sterling Heights, MI 48077
-
- Stewart Chevrolet, Inc.
- 23755 Allen Road
- Woodhaven, MI 48183
-
- Woody Pontiac Sales, Inc.
- 12140 Joseph Campau
- Hamtramck, MI 48212
-
- Jack Demmer Ford, Inc.
- a/k/a/ Jack Demmer Ford
- 37300 Michigan Avenue
- Wayne, MI 48184
- Al Long Ford, Inc.
- 13711 E. Eight Mile Road
- Warren, MI 48089
-
- Ed Schmid Ford, Inc.
- 21600 Woodward Avenue
- Ferndale, MI 48220
-
- Ray Whitfield Ford
- a/k/a/ Ray Whitfield Ford, Inc.
- 10725 S. Telegraph Road
- Taylor, MI 48180
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Individual Respondents
- Robert C. Borst
- c/o Bob Borst Lincoln-Mercury, Inc.,
- 1950 W. Maple Road
- Troy, MI 48084
-
- Robert Dusseau, a/k/a/ Robert F. Dusseau
- c/o Bob Dusseau Lincoln-Mercury
- 31625 Grant River Avenue
- Farmington, MI 48024
-
- Robert Maxey
- c/o Bob Maxey Lincoln-
- Mercury Sales Inc.
- 16901 Mack Avenue
- Detroit, MI 48224
-
- William Ritchie, a/k/a/ William R.
Ritchie
- c/o Crest Lincoln-Mercury Sales, Inc.
- 36200 Van Dyke Avenue
- Sterling Heights, MI 48077
-
- Gordon L. Stewart, a/k/a/ Gordon Stewart
- c/o Stewart Chevrolet, Inc.
- 23755 Allen Road
- Woodhaven, MI 48183
-
- Woodrow W. Woody
- c/o Woody Pontiac Sales, Inc.
- 12140 Joseph Campau
- Hamtramck, MI 48212
-
- John E. Demmer, a/k/a/ Jack E. Demmer
- c/o Jack Demmer Ford, Inc.
- 37300 Michigan Avenue
- Wayne, MI 48184
- Edward F. Schmid, a/k/a/ Edward Schmid
- c/o Ed Schmid Ford, Inc.
- 21600 Woodward Avenue
- Ferndale, MI 48220
-
- Raymond J. Whitfield
- a/k/a/ Raymond Whitfield
- c/o Ray Whitefield Ford
- 10725 S. Telegraph Road
- Taylor, MI 48180
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