Detroit Auto Dealers Association, Inc

Text (OCR of the scan at left; may contain errors)

DETROIT AUTO DEALERS ASSOC., INC., ET AL. 193

193 Complaint

IN THE MATTER OF

DETROIT AUTO DEALERS ASSOCIATION, INC., ET AL.

CONSENT ORDER IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT

Docket 9189. Complaint,* Dec. 20, 1984—Decision, Dec. 3, 1986

This consent order prohibits, among other things, twenty six Detroit, Mich.-area Chevrolet associations, dealerships and dealers from conspiring to not advertise in the classified sections of newspapers or to not advertise vehicle prices at all.

Appearances

For the Commission: Dennis F. Johnson, Robert C. Jones, Richard B. Smith, Richard A. Wolff, Timothy Suich and Morris Bloom.

For the respondents: Lawrence F. Raniszeski and Robert Y. Weller, Colombo & Colombo, Birmingham, Mich. and James F. Rill, Jeffrey W. King and Christopher J. MacAvoy, Collier, Shannon, Rill & Scott, Washington, D.C.

COMPLAINT

Pursuant to the provisions of the Federal Trade Commission Act, as amended, and by virtue of the authority vested in it by said Act, the Federal Trade Commission, having reason to believe that the respondent parties named in the caption hereof, and hereinafter more particularly described and designated as "respondents," have violated the provisions of said Act and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH 1. Each of the parties described below is hereby named as a respondent herein in the capacity set forth in the caption to this complaint. Each respondent named in his capacity as an officer of a corporate respondent formulates, directs and controls the acts and practices of said corporate respondent.

* The complaint was issued against associations, dealerships and dealers for Chrysler-Plymouth and Cadillac, as well. For the decisions issued against these respondents see 108 F.T.C. 243 and 249.

Complaint 108 F.T.C.

Respondent name Principal place of business Detroit Auto Dealers Association, Inc. 3290 W. Big Beaver Road, Troy, MI 48084 James Daniel Hayes 3290 W. Big Beaver Road, Troy, MI 48084 Tri-County Pontiac Dealers Association, 16000 W. Twelve Mile Road, Southfield, MI Inc. 48076 *Greater Detroit Chevrolet Dealers 100 Renaissance Center, Suite 3100, Association, Inc. Detroit, MI 48243 *Chrysler-Plymouth Dealers Association 32711 Van Dyke, Warren, MI 48093 of Greater Detroit, Inc.

Greater Detroit Dodge Dealers 24211 Gratiot Avenue, East Detroit, MI Association, Inc. 48021 Metro Detroit AMC Dealers Association, 13600 Greenfield Road, Detroit, MI 48227 Inc.

Metro Detroit Buick Dealers 100 Renaissance Center, Suite 3100, Association, Inc. Detroit, MI 48243 *Metro Detroit Cadillac Dealers 100 Renaissance Center, Suite 3100, Association, Inc. Detroit, MI 48243 Metropolitan Detroit Ford Dealers, Inc. 24760 W. Seven Mile Road, Detroit, MI 48219 Metropolitan Detroit Oldsmobile Dealers 100 Renaissance Center, Suite 3100, Detroit, Association, Inc. MI 48243 Metropolitan Lincoln-Mercury Dealers 1950 W. Maple Road, Troy, MI 48084 Association, Inc.

Southeastern Michigan Volkswagen 23615 Michigan Avenue, Dearborn, MI 48124 Dealers Association, Inc.

*Metro Detroit Chevrolet Dealers 100 Renaissance Center, Suite 3100, Detroit, Association, Inc.*** MI 48243 *Chrysler-Plymouth Advertising 32711 Van Dyke, Warren, MI 48093 Association of Greater Detroit, Inc.*** Metro Detroit AMC Advertising 13600 Greenfield Road, Detroit, MI 48227 Association, Inc.

Metro Detroit Buick Dealers Advertising 100 Renaissance Center, Suite 3100, Detroit, Association, Inc.** MI 48243 Metro Detroit Ford Dealers Advertising 24760 W. Seven Mile Road, Detroit, MI 48219 Fund, Inc.

Metropolitan Lincoln-Mercury Dealers 1950 W. Maple Road, Troy, MI 48084 Advertising Association, Inc.

Tri-County Detroit Dodge Dealers 24211 Gratiot Avenue, East Detroit, MI 48021 Association, Inc.

Barnett Pontiac-Datsun, Inc. 14505 Michigan Avenue, Dearborn, MI 48126 Robert F. Barnett 14505 Michigan Avenue, Dearborn, MI 48126 Jim Causley Pontiac-GMC Truck, Inc. 38111 Gratiot Avenue, Mt. Clemens, MI 48043 James F. Causley, Sr. 38111 Gratiot Avenue, Mt. Clemens, MI 48043 Jim Fresard Pontiac, Inc. 400 N. Main Street, Royal Oak, MI 48067 F. James Fresard 400 N. Main Street, Royal Oak, MI 48067 Red Holman Pontiac-Toyota-GMC Truck 35300 Ford Road, Westland, MI 48185 Co.

Albert A. Holman 35300 Ford Road, Westland, MI 48185 Art Moran Pontiac-GMC, Inc. 29300 Telegraph Road, Southfield, MI 48034 Arthur C. Moran 29300 Telegraph Road, Southfield, MI 48034

*Respondents designated with "*" are charged under both Count I and Count II of the complaint. The other respondents are charged only under Count I. **Respondents designated with "***" have had the complaint dismissed against them by Commission order dated [illegible]

193 Complaint

Respondent name Principal place of business Packer Pontiac Co. 500 S. Opdyke Road, Pontiac, MI 48057— William M. Packer, Jr. 500 S. Opdyke Road, Pontiac, MI 48057 Rinke Pontiac-GMC Co. 27100 Van Dyke Avenue, Warren, MI 48093 Roland Rinke 27100 Van Dyke Avenue, Warren, MI 48093 Bob Sellers Pontiac-GMC, Inc. 38000 Grand River Avenue, Farmington Hills, MI 48018 Robert B. Sellers 38000 Grand River Avenue, Farmington Hills, MI 48018 Shelton Pontiac-Buick, Inc. 855 S. Rochester Road, Rochester, MI 48063 C.M. (Bud) Shelton 855 S. Rochester Road, Rochester, MI 48063 Yvon J. Tessier** 16100 Fort Street, Southgate, MI 48195 Porterfield Wilson Pontiac-GMC Truck, 18650 Livernois, Detroit, MI 48221 Inc.

Poterfield Wilson 18650 Livernois, Detroit, MI 48221 Woody Pontiac Sales, Inc. 12140 Joseph Campau, Hamtramck, MI 48212 Woodrow W. Woody 12140 Joseph Campau, Hamtramck, MI 48212 *Jack Cauley Chevrolet, Inc. 7020 Orchard Lake Road, West Bloomfield, MI 48033 *John H. Cauley 7020 Orchard Lake Road, West Bloomfield, MI 48033 *Dexter Chevrolet Co. 20811 W. Eight Mile Road, Detroit, MI 48219 *Joseph B. Slatkin 20811 W. Eight Mile Road, Detroit, MI 48219 *Dick Genthe Chevrolet, Inc. 15600 Eureka Road, Southgate, MI 48195 *Richard E. Genthe 15600 Eureka Road, Southgate, MI 48195 Bernie Hout Chevrolet, Inc.** 35500 S. Gratiot Avenue, Mt. Clemens, MI 48043 Bernard C. Houthoofd** 35500 S. Gratiot Avenue, Mt. Clemens, MI 48043 James-Martin Chevrolet, Inc. 6250 Woodward Avenue, Detroit, MI 48202 James P. Large 6250 Woodward Avenue, Detroit, MI 48202 *Jefferson Chevrolet Co. 2130 E. Jefferson Avenue, Detroit, MI 48207 James P. Tellier 2130 E. Jefferson Avenue, Detroit, MI 48207 Raymond R. Tessmer 2130 E. Jefferson Avenue, Detroit, MI 48207 *Lou LaRiche Chevrolet-Subaru, Inc. 40875 Plymouth Road, Plymouth, MI 48170 *Louis H. LaRiche 40875 Plymouth Road, Plymouth, MI 48170 *Walt Lazar Chevrolet, Inc. 12000 Telegraph Road, Taylor, MI 48180 Walter N. Lazar 12000 Telegraph Road, Taylor, MI 48180 John W. Lazar** 12000 Telegraph Road, Taylor, MI 48180 Stephen R. Jasinski** 12000 Telegraph Road, Taylor, MI 48180 Jack Meyers** 12000 Telegraph Road, Taylor, MI 48180 Glen D. Cole** 12000 Telegraph Road, Taylor, MI 48180 *Mark Chevrolet, Inc. 33200 Michigan Avenue, Wayne, MI 48184 *Harry C. Demorest 33200 Michigan Avenue, Wayne, MI 48184 *George Matick Chevrolet, Inc. 14001 Telegraph Road, Redford, MI 48239 George S. Matick, Jr. 14001 Telegraph Road, Redford, MI 48239 *Matthews-Hargreaves Chevrolet Co. 1616 S. Main Street, Royal Oak, MI 48067

*Respondents designated with "*" are charged under both Count I and Count II of this complaint. The other respondents are charged only under Count I. **Respondents designated with "**" have had the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished).

***Respondents designated with "***" have had Count II of the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished).

Complaint 108 F.T.C.

Respondent name Principal place of business W. Robert Allen 1616 S. Main Street, Royal Oak, MI 48067 *Merollis Chevrolet Sales & Service 21800 Gratiot Avenue, East Detroit, MI 48021 *Norman A. Merollis 21800 Gratiot Avenue, East Detroit, MI 48021 *Ed Rinke Chevrolet-GMC Co. 26125 Van Dyke, Center Line, MI 48015 Edgar Rinke, Sr.** 26125 Van Dyke, Center Line, MI 48015 *Mike Savoie Chevrolet, Inc. 1900 W. Maple Road, Troy, MI 48084 Myron P. Savoie 1900 W. Maple Road, Troy, MI 48084 *Les Stanford Chevrolet, Inc. 21711 Michigan Avenue, Dearborn, MI 48123 Leslie J. Stanford 21711 Michigan Avenue, Dearborn, MI 48123 Stewart Chevrolet, Inc. 23755 Allen Road, Woodhaven, MI 48183 Gordon L. Stewart 23755 Allen Road, Woodhaven, MI 48183 *Tennyson Chevrolet, Inc. 32570 Plymouth Road, Livonia, MI 48150 *Harry Tennyson 32570 Plymouth Road, Livonia, MI 48150 *Buff Whelan Chevrolet, Inc. 40445 Van Dyke, Sterling Heights, MI 48078 *Robert F. Whelan** 40445 Van Dyke, Sterling Heights, MI 48078 *Bill Wink Chevrolet/GMC/Isuzu 10700 Ford Road, Dearborn, MI 48126 *William J. Wink, Jr. 10700 Ford Road, Dearborn, MI 48126 Michael P. Chinavare** 23951 Plymouth Road, Detroit, MI 48239 Greenfield AMC/Jeep-Renault, Inc. 13600 Greenfield Road, Detroit, MI 48227 Naiff H. Kelel 13600 Greenfield Road, Detroit, MI 48227 Zigmund F. Mielnicki 32899 Van Dyke Road, Warren, MI 48093 Villiage AMC/Jeep, Inc. 666 S. Woodward Avenue, Birmingham, MI 48011 Armstrong Buick-Opel, Inc. 30500 Plymouth Road, Livonia, MI 48150 Thomas Armstrong 30500 Plymouth Road, Livonia, MI 48150 Jim Carney Buick Co. 24231 Van Dyke, Center Line, MI 48015 Harold Dietrich, Inc.** 3939 S. Wayne Road, Wayne, MI 48184 Fischer Buick-Subaru, Inc. 1790 Maplelawn, Troy, MI 48084 Carl E. Fischer** 1790 Maplelawn, Troy, MI 48084 Bill Greig Buick-Opel, Inc. 600 S. Main Street, Royal Oak, MI 48067 William R. Greig, Sr. 600 S. Main Street, Royal Oak, MI 48067 Krajenke Buick Sales, Inc. 12801 Joseph Campau, Detroit, MI 48212 Clarence Krajenke 12801 Joseph Campau, Detroit, MI 48212 Mitchell Buick Sales, Inc.** 165 N. Gratiot Avenue, Mt. Clemens, MI 48043 Tamaroff Buick-Honda, Inc. 28585 Telegraph Road, Southfield, MI 48034 Marvin Tamaroff 28585 Telegraph Road, Southfield, MI 48034 *Audette Cadillac, Inc. 7100 Orchard Lake Road, West Bloomfield, MI 48033 *Charles Audette 7100 Orchard Lake Road, West Bloomfield, MI 48033 *Frank Audette 7100 Orchard Lake Road, West Bloomfield, MI 48033 *Crissman Cadillac, Inc. 1350 N. Woodward Avenue, Birmingham, MI 48011 *Charles Dalgleish Cadillac-Peugeot, 6160 Cass Avenue, Detroit, MI 48202 Inc.

*Respondents designated with "*" are charged under both Count I and Count II of ths complaint. The other respondents are charged only under Count I. **Respondents designated with "**" have had the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished).

193 Complaint

Respondent name Principal place of business *Charles Dalgleish, Jr. 6160 Cass Avenue, Detroit, MI 48202 *Douglas Dalgleish 6160 Cass Avenue, Detroit, MI 48202 *Dreisbach & Sons Cadillac Co. 24600 Grand River Avenue, Detroit, MI 48219 *Thomas S. Dreisbach 24600 Grand River Avenue, Detroit, MI 48219 *Arnold Jerome Cadillac, Inc. 675 S. Saginaw, Pontiac, MI 48053 *Roger Rinke Cadillac Co. 8333 Eleven Mile Road, Warren, MI 48093 *Roger J. Rinke 8333 Eleven Mile Road, Warren, MI 48093 *Richard Rinke** 8333 Eleven Mile Road, Warren, MI 48093 *McInerney, Inc.*** 14100 W. Eight Mile Road, Oak Park, MI 48237 *Martin J. McInerney*** 14100 W. Eight Mile Road, Oak Park, MI 48237 *Birmingham Chrysler-Plymouth, Inc. 2100 W. Maple Road, Troy, MI 48084 *Robert M. Brent 32711 Van Dyke Avenue, Warren, MI 48093 Daniel Dwyer** 32711 Van Dyke Avenue, Warren, MI 48093 *Lochmoor Chrysler-Plymouth, Inc. 18165 Mack Avenue, Detroit, MI 48224 Justin DeFrancis** 18165 Mack Avenue, Detroit, MI 48224 Dick Green 29301 Grand River Avenue, Farmington, MI 48024 James A. McInerney** 12200 Telegraph Road, Taylor, MI 48180 Thomas M. McInerney, Jr.** 12200 Telegraph Road, Taylor, MI 48180 Thomas M. McInerney, Sr.** 12200 Telegraph Road, Taylor, MI 48180 *Monicatti Chrysler-Plymouth Sales, Inc. 40755 Van Dyke Avenue, Sterling Heights, MI 48078 Northland Chrysler-Plymouth, Inc. 14100 W. Eight Mile Road, Oak Park, MI 48237 John J. McInerney** 14100 W. Eight Mile Road, Oak Park, MI 48237 *Roseville Chrysler-Plymouth, Inc. 25800 Gratiot Avenue, Roseville, MI 48066 *James Riehl 25800 Gratiot Avenue, Roseville, MI 48066 *Bill Snethkamp, Inc. 16400 Woodward Avenue, Highland Park, MI 48203 *William Snethkamp 16400 Woodward Avenue, Highland Park, MI 48203 *Thompson Chrysler-Plymouth, Inc. 16225 Fort Street, Southgate, MI 48195 Joseph P. Thompson 16225 Fort Street, Southgate, MI 48195 *Westborn Chrysler-Plymouth, Inc. 23300 Michigan Avenue, Dearborn, MI 48124

*Respondents designated with "*" are charged under both Count I and Count II of ths complaint. The other respondents are charged only under Count I. **Respondents designated with "**" have had the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished). ***Respondents designated with "***" have had Count II of the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished).

Complaint 108 F.T.C.

Respondent name Principal place of business Colonial Dodge, Inc. 24211 Gratiot Avenue, East Detroit, MI 48021 Arthur J. Roshak 24211 Gratiot Avenue, East Detriot, MI 48021 Crestwood Dodge, Inc. 32850 Ford Road, Garden City, MI 48135 Garrity Motor Sales, Inc. 11500 Joseph Campau, Hamtramck, MI 48212 James A. Garrity 11500 Joseph Campau, Hamtramck, MI 48212 Mt. Clemens Dodge, Inc. 43774 N. Gratiot Avenue, 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 Donald Thomson** 101 W. Fourteen Mile Road, Madison Heights, MI 48071 Pointe Dodge, Inc. 18001 Mack Avenue, Detroit, MI 48224 Kenneth Meade 18001 Mack Avenue, Detroit, MI 48224 Sterling Heights Dodge, Inc. 40111 Van Dyke, Sterling Heights, MI 48087 Anthony J. Viviano 40111 Van Dyke, Sterling Heights, MI 48087 Town & Country Dodge, Inc.** 31015 Grand River Avenue, Farmington, MI 48024 John Cueter 31015 Grand River Avenue, Farmington, MI 48024 Van Dyke Dodge, Inc. 28400 Van Dyke, Warren MI 48093 Frank Galeana 28400 Van Dyke, Warren, MI 48093 Avis Ford, Inc. 29200 Telegraph Road, Southfield, MI 48034 Warren E. Avis 29200 Telegraph Road, Southfield, MI 48034 Jerry Bielfield Co. 8333 Michigan Avenue, Detroit, MI 48210 Jerry M. Bielfield 8333 Michigan Avenue, Detroit, MI 48210 Bob Ford, Inc. 14585 Michigan Avenue, Dearborn, MI 48126 John Ford 14585 Michigan Avenue, Dearborn, MI 48126 Jack Demmer Ford, Inc. 37300 Michigan Avenue, Wayne, MI 48184 John E. Demmer 37300 Michigan Avenue, Wayne, MI 48184 Richard Flannery 5900 Highland Road, Pontiac, MI 48054 Gorno Brothers, Inc. 22025 Allen Road, Woodhaven, MI 48183 Jerome-Duncan, Inc. 8000 Ford Country Lane, Sterling Heights, MI 48077 Richard J. Duncan 8000 Ford Country Lane, Sterling Heights, MI 48077 Al Long Ford, Inc. 13711 E. Eight Mile Road, Warren, MI 48089 McDonald Ford Sales, Inc. 550 W. Seven Mile Road, Northville, MI 48167 Pat Milliken Ford, Inc. 9600 Telegraph Road, Detroit, MI 48239 W.B. (Pat) Milliken 9600 Telegraph Road, Detroit, MI 48239

*Respondents designated with "*" are charged under both Count I and Count II of ths complaint. The other respondents are charged only under Count I. **Respondents designated with "**" have had the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished). ***Respondents designated with "***" have had Count II of the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished).

193 Complaint

Respondent name Principal place of business Russ Milne Ford, Inc. 43870 N. Gratiot Avenue, Mt. Clemens, MI 48043 Russell H. Milne 43870 N. Gratiot Avenue, Mt. Clemens, MI 48043 North Brothers Ford, Inc. 33300 Ford Road, Westland, MI 48185 James B. North 33300 Ford Road, Westland, MI 48185 Roy O'Brien, Inc.** 22201 E. Nine Mile Road, St. Clair Shores, MI 48080 Roy E. O'Brien** 22201 E. Nine Mile Road, St. Clair Shores, MI 48080 Ed Schmid Ford, Inc. 21600 Woodward Avenue, Ferndale, MI 48220 Edward F. Schmid 21600 Woodward Avenue, Ferndale, MI 48220 Stark Hickey West, Inc. 24760 W. Seven Mile Road, Detroit, MI 48219 William Hickey 24760 W. Seven Mile Road, Detroit, MI 48219 Bob Thibodeau, Inc. 26333 Van Dyke Avenue, Center Line, MI 48015 Robert Thibodeau 26333 Van Dyke Avenue, Center Line, MI 48015 Ray Whitfield Ford 10725 S. Telegraph Road, Taylor, MI 48180 Raymond J. Whitfield 10725 S. Telegraph Road, Taylor, MI 48180 Arnold Lincoln-Mercury Co. 29000 Gratiot Avenue, Roseville, MI 48066 Arnold Feuerman 29000 Gratiot Avenue, Roseville, MI 48066 Avon Lincoln-Mercury, Inc. 1185 S. Rochester Road, Rochester, MI 48063 Bob Borst Lincoln-Mercury, Inc. 1950 W. Maple Road, Troy, MI 48084 Robert C. Borst 1950 W. Maple Road, Troy, MI 48084 Crest Lincoln-Mercury Sales, Inc. 36200 Van Dyke Avenue, Sterling Heights, MI 48077 William Ritchie 36200 Van Dyke Avenue, Sterling Heights, MI 48077 Paul Meier** 36200 Van Dyke Avenue, Sterling Heights, MI 48077 Bob Dusseau, Inc. 31625 Grand River Avenue, Farmington, MI 48024 Robert Dusseau 31625 Grand River Avenue, Farmington, MI 48024 Stu Evans Lincoln-Mercury, Inc., of 32000 Ford Road, Garden City, MI 48135 Garden City Stu Evans Lincoln-Mercury, Inc., of 16800 Fort Street, Southgate, MI 48195 Southgate Stewart Evans 16800 Fort Street, Southgate, MI 48195 Hines Park Lincoln-Mercury, Inc. 40601 Ann Arbor Road, Plymouth, MI 48170

*Respondents designated with "*" are charged under both Count I and Count II of ths complaint. The other respondents are charged only under Count I. **Respondents designated with "**" have had the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished). ***Respondents designated with "***" have had Count II of the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished).

Complaint 108 F.T.C.

Respondent name Principal place of business George Kolb 40601 Ann Arbor Road, Plymouth, MI 48170 Krug Lincoln-Mercury, Inc. 21531 Michigan Avenue, Dearborn, MI 48124 *Sigmund Krug*** 21531 Michigan Avenue, Dearborn, MI 48124 Bob Maxey Lincoln-Mercury Sales, Inc. 16901 Mack Avenue, Detroit, MI 48224 Robert Maxey 16901 Mack Avenue, Detroit, MI 48224 Park Motor Sales Co. 18100 Woodward Avenue, Detroit, MI 48205 Star Lincoln-Mercury, Inc. 24350 W. Twelve Mile Road, Southfield, MI 48034 Stanley A. Wilk 24350 W. Twelve Mile Road, Southfield, MI 48034 Charnock Oldsmobile, Inc. 24555 Michigan Avenue, Dearborn, MI 48124 Dan Charnock** 24555 Michigan Avenue, Dearborn, MI 48124 J. Herbert Charnock 24555 Michigan Avenue, Dearborn, MI 48124 Al Dittrich 1155 Oakland Avenue, Pontiac, MI 48055 Drummy Oldsmobile, Inc. 14925 E. Eight Mile Road, East Detroit, MI 48021 John L. Drummy, Sr. 14925 E. Eight Mile Road, East Detroit, MI 48021 Gage Oldsmobile, Inc. 21710 Woodward Avenue, Ferndale, MI 48220 Bill Rowan Oldsmobile, Inc. 15800 Eureka Road, Southgate, MI 48195 William H. Rowan 15800 Eureka Road, Southgate, MI 48195 Roy D. Dodson** 15800 Eureka Road, Southgate, MI 48195 Suburban Oldsmobile-Datsun, Inc. 1810 Maplelawn, Troy, MI 48099 Autobahn Motors, Inc. 1765 S. Telegraph Road, Bloomfield Hills, MI 48013 Paul Carrick 1765 S. Telegraph Road, Bloomfield Hills, MI 48013 McAlister Motors, Inc. 44460 N. Gratiot Avenue, Mt. Clemens, MI 48043 W. Desmond McAlister 44460 N. Gratiot Avenue, Mt. Clemens, MI 48043 Melton Motors, Inc. 15100 Eureka Road, Southgate, MI 48195 George Melton 15100 Eureka Road, Southgate, MI 48195 Sterling Motors, Inc. 7500 E. Fifteen Mile Road, Sterling Heights, MI 48077 Robert Zanki 7500 E. Fifteen Mile Road, Sterling Heights, MI 48077 Wood Motors, Inc. 15351 Gratiot Avenue, Detroit, MI 48205 Donald Wood 15351 Gratiot Avenue, Detroit, MI 48205 LaFontaine Toyota** 22805 Michigan Avenue, Dearborn, MI 48124 Michael T. LaFontaine** 22805 Michigan Avenue, Dearborn, MI 48124 Page Toyota, Inc.** 21262 Telegraph Road, Southfield, MI 48075 Robert Page** 21262 Telegraph Road, Southfield, MI 48075 Al Foster** 1951 S. Telegraph, Bloomfield Hills, MI 48013 Edward Lewis** 2100 Fort Street, Condo 6, Trenton, MI 48183 Gerald Malooly** 17677 Mack Avenue, Detroit, MI 48224

*Respondents designated with "*" are charged under both Count I and Count II of ths complaint. The other respondents are charged only under Count I. **Respondents designated with "**" have had the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished).

***Respondents designated with "***" have had Count II of the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished).

193 Complaint

Respondent name Principal place of business Gerald Pollock** 16600 Fort Street, Southgate, MI 48195 Gerald Skokowski** 17677 Mack Avenue, Detroit, MI 48224 Theodore H. Solden** 40130 Steel Drive, Sterling Heights, MI 48078 William VanHecke** 50111 Van Dyke, Utica, MI 48087

PAR. 2. For the purposes of this complaint, the following definitions shall apply:

(a) Dealer is any natural person, corporate entity, partnership, association, joint venture, trust or any other organization or entity which receives on consignment or purchases motor vehicles for sale or lease to the public. (b) Detroit area is the Detroit, Michigan metropolitan area, comprising Macomb County, Wayne County and Oakland County in the State of Michigan. (c) And and or have both conjunctive and disjunctive meanings. PAR. 3. (a) Respondents, other than respondent associations and respondent James Daniel Hayes, are and have been dealers or dealer employees engaged in the business of selling or leasing motor vehicles from their places of business located in the Detroit area, including selling or leasing motor vehicles for transportation to other states, transporting motor vehicles to other states for sale or lease, receiving motor vehicles from other states, and selling or leasing motor vehicles financed by financial institutions located in other states and insured by insurance companies located in other states. At all relevant times hereto, in the course of their business, respondents, other than respondent associations and respondent James Daniel Hayes, and others in the Detroit area involved in the acts and practices described in this complaint have maintained a substantial course of business, including the acts and practices as hereinafter set forth, which are in or affect commerce, as "commerce" is defined in the Federal Trade Commission Act. (b) Respondent associations are member organizations whose memberships consist entirely, or almost entirely, of Detroit area dealers. At all relevant times hereto, as a result of the activities of respondent associations' dealer members, including the acts and practices described in this complaint, respondent associations and respondent James Daniel Hayes have engaged in activities which are in or affect commerce, as "commerce" is defined in the Federal Trade Commission Act.

*Respondents designated with "*" are charged under both Count I and Count II of this complaint. The other respondents are charged only under Count I. **Respondents designated with "**" have had the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished). ***Respondents designated with "***" have had Count II of the complaint dismissed against them by Commission order dated August 6, 1986 (unpublished).

Complaint 108 F.T.C.

COUNT I

Alleging violation of Section 5 of the Federal Trade Commission Act, the allegations of Paragraphs 1, 2 and 3 are incorporated by reference herein as if fully set forth verbatim. PAR. 4. Respondents are now engaging and have engaged, in agreement, contract, combination or conspiracy with each other and with other persons, in the following acts and practices, among others, as shown by minutes of dealer association meetings, newspaper advertisements (see Appendix A), and other evidence:

A. Adopting and adhering to a schedule limiting hours of operation for the sale or lease of motor vehicles in the Detroit area, including limiting weekday evening hours to Mondays and Thursdays and maintaining no hours on Saturdays, except for occasional special sales; and B. Attempting to persuade and taking action to persuade dealers in the Detroit area to adopt or adhere to a schedule limiting hours of operation for the sale or lease of motor vehicles, including limiting weekday evening hours to Mondays and Thursdays and maintaining no hours on Saturdays.

PAR. 5. Respondents are now engaging and have engaged, in agreement, contract, combination or conspiracy with each other and with other persons, in various acts or practices in furtherance of the acts and practices referred to in Paragraph 4, including among other things:

A. Threatening physical harm to owners, officers and employees, and families of owners, officers and employees, of dealers in the Detroit area that attempt to sell or lease motor vehicles on Saturdays or on weekday evenings other than Mondays and Thursdays; B. Threatening to damage and damaging the property of dealers in the Detroit area that attempt to sell or lease motor vehicles on Saturdays or on weekday evenings other than Mondays and Thursdays; and C. Obstructing or interfering with the lawful business of dealers in the Detroit area that attempt to sell or lease motor vehicles on Saturdays or on weekday evenings other than Mondays and Thursdays.

COUNT II

Alleging violation of Section 5 of the Federal Trade Commission Act, the allegations of Paragraphs 1, 2 and 3 are incorporated by reference herein as if fully set forth verbatim, except that the allegations of this Count II are made only against respondents denoted with an "*" in the caption and Paragraph 1 hereof. PAR. 6. Respondents are now engaging and have engaged, in agree-

193 Complaint

ment, contract, combination or conspiracy with each other and with other persons, in one or both of the following acts and practices, among others:

A. Restricting the advertising of motor vehicles in the classified section of newspapers in the Detroit area; and B. Restricting the advertising or publishing of the prices of motor vehicles in the Detroit area.

Violations Charged

PAR. 7. The acts and practices alleged herein have had and are now having the purpose and effect of foreclosing, reducing and restraining competition among dealers in the Detroit area in the sale or lease of motor vehicles, and, thus, are to the prejudice and injury of the public, and constitute unfair methods of competition in or affecting commerce or unfair acts and practices in or affecting commerce in violation of Section 5 of the Federal Trade Commission Act. The unfair methods of competition and unfair acts and practices of respondents, as alleged herein, are continuing and will continue in the absence of the relief herein requested.

Complaint 108 F.T.C.

APPENDIX A

DETROIT NEWS 7/7/65, p. 11D

CLOSING HOURS WED., FRI., & SAT.

6 P.M.

The Detroit Auto Dealers Association has established as the closing hour for all new car dealerships: 6 P.M. on Wed., Fri. and Sat. Evenings DETROIT AUTO DEALERS ASSOCIATION INC.

6525 Lincoln Avenue, Detroit, Mich. 48202

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193 Complaint

DETROIT NEWS 6/12/69, p. 17C

PUBLIC NOTICE A RECENT SURVEY AMONG INDIVIDUAL CHRYSLER-PLYMOUTH DEALERS REVEALS A MAJORITY OF THE CHRYSLER-PLYMOUTH DEALERS IN THE GREATER DETROIT AREA PLAN TO CLOSE SATURDAYS DURING THE SUMMER MONTHS, TO ALLOW THEIR SALESMEN MORE TIME WITH THEIR FAMILIES.

BUT WILL BE OPEN Monday & Thursday Evenings For Your Convenience UNTIL 9 P.M.

TUESDAY, WEDNESDAY & FRIDAY UNTIL 6 p.m. AN EFFORT TO REMAIN ABREAST OF THE TIMES, WITHOUT SACRIFICE TO CUSTOMER ACCOMMODATION AND SERVICE. Mara Chrysler-Plymouth, Inc. Ed Davis, Inc. Lepper-Garthe, Inc. Raynal Plymouth Co. Ballie Barrett Chrysler-Plymouth, Inc. Downriver Chrysler-Plymouth, Inc. Lochmoor Chrysler-Plymouth, Inc. Redford Sales & Service Birmingham Chrysler-Plymouth Co. Felster Auto Sales, Inc. Masse Chrysler-Plymouth, Inc. Roseville Chrysler-Plymouth, Inc. Leo Brown, Inc. Dick Grady Chrysler-Plymouth, Inc. Mencotti Chrysler-Plymouth Sales, Inc. Schultz Motors, Inc. Bill Cochrane, Inc. Jim Grissom Chrysler-Plymouth, Inc. Northland Chrysler-Plymouth, Inc. Bill Southkamp, Inc. Colony Chrysler-Plymouth, Inc. Grosse Pointe Chrysler-Plymouth, Inc. Oakland Chrysler-Plymouth, Inc. Thompson Chrysler-Plymouth, Inc. Demarne Motor Sales, Inc. Johnny Motor Sales, Inc. B. J. Ratigan Chrysler-Plymouth, Inc. Town & Country Chrysler-Plymouth, Inc. Westborn Chrysler-Plymouth, Inc.

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Complaint 108 F.T.C.

DETROIT NEWS 6/13/69, p. 18C

Effective Saturday, May 31st PONTIAC DEALERS OF The Greater Detroit Area

Will Close Saturdays For The Summer Months Allowing Our Salesmen The Needed Time With Their Families.

/ We Will Be Open Monday & Thursday Till 9 P.M.

Tuesday, Wednesday & Friday Till 6 P.M.

[illegible] PONTIAC, INC. [illegible] PONTIAC, INC. WOODY PONTIAC SALES ACE WILSON'S ROYAL PONTIAC [illegible] [illegible] [illegible] [illegible] [illegible] CAUSLEY PONTIAC, INC. [illegible] CRAIG PONTIAC HIGGINS PONTIAC CO. BOB SHELTON PONTIAC-BUICK [illegible] [illegible] [illegible] [illegible] [illegible] HOLMAN PONTIAC CO. GLENN PONTIAC, INC. [illegible] PONTIAC CO. SIMPSON PONTIAC SALES, INC. [illegible] [illegible] [illegible] [illegible] [illegible] PONTIAC, INC. PACKER PONTIAC CO. BARRY WOOD PONTIAC CHARLIE MORSE PONTIAC, INC. [illegible] [illegible] [illegible] [illegible]

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193 Complaint

DETROIT NEWS 6/13/69, p. 17C

By popular demand, Saturday has been moved to Monday, Tuesday, and Thursday evenings at most of the Dodge Boys'.

Both our customers and employees say they'd rather see us open evenings than on Saturday. Being Good Guys, we're glad to accommodate them. From now on, practically all of the Detroit Area Dodge Boys' will be open Monday, Tuesday, and Thursday evenings until 9:00 and will be closed all day Saturday. (Check with your Dodge Dealer to be sure.)

SEE YOU ON THE GOLF COURSE

HAVE A NICE WEEKEND

THE DODGE BOYS

SEE YOU AT THE BEACH

JUST BE SURE TO SEE US

ANOTHER PUBLIC SERVICE FROM The Detroit Area Dodge Boys.

[illegible]

A-4

Complaint 108 F.T.C.

DETROIT NEWS 6/17/69, p. 15C

ATTENTION OLDSMOBILE BUYERS EFFECTIVE JUNE 21st THE FOLLOWING OLDSMOBILE DEALERS WILL BE CLOSED SATURDAYS UNTIL SEPTEMBER 6th

New Weekday Sale Hours Will Be As Follows: MONDAY 9 A.M. TO 9 P.M. WEDNESDAY 9 A.M. TO 6 P.M. TUESDAY 9 A.M. TO 9 P.M. THURSDAY 9 A.M. TO 9 P.M. FRIDAY 9 A.M. TO 6 P.M.

WE THANK YOU FOR YOUR PATRONAGE

GAGE SUPERIOR ROSEDALE OLDSMOBILE OLDSMOBILE MOTORS INC.

21710 Woodward 15000 W.7 Mile Rd. 17411 Grand River 399-3200 342-7000 VE 5-4600

A-5

DETROIT AUTO DEALERS ASSOC., INC., ET AL. 209 193 Complaint

DETROIT FREE PRESS 6/19/69, p. 13D

PUBLIC NOTICE YOUR METROPOLITAN DETROIT BUICK DEALERS WISH TO ADVISE YOU OF THEIR NEW SUMMER HOURS WE WILL BE OPEN MONDAY - TUESDAY AND THURSDAY UNTIL 9 P.M.

WEDNESDAY AND FRIDAY UNTIL 6 P.M.

WE WILL BE CLOSED ALL DAY SATURDAY AND SUNDAY DETROIT METROPOLITAN BUICK DEALERS ASSOC.

A-6

Complaint 108 F.T.C.

DETROIT FREE PRESS 6/5/70, p. 10C

NOTICE CHRYSLER-PLYMOUTH DEALERS OF GREATER DETROIT ANNOUNCE They will be closed SATURDAYS during JUNE, JULY & AUGUST, to allow their employees more time with their families, BUT WILL BE OPEN Monday & Thurs. Evenings 'til 9 P.M.

Tues., Wed & Fri. 'til 6 P.M.

FOR YOUR CONVENIENCE

193 Complaint

DETROIT FREE PRESS 6/25/70, p. 9B

Public Notice SO OUR EMPLOYES CAN SPEND MORE TIME WITH THEIR FAMILIES DURING THE SUMMER . . . PONTIAC DEALERS WILL BE CLOSED SATURDAYS EFFECTIVE JULY 4th OUR SUMMER HOURS ARE:

MONDAYS AND THURSDAYS 'TIL 9 P.M.

TUES., WEDS. & FRIDAYS 'TIL 6 P.M.

thru July and August [illegible]

A-8

Complaint 108 F.T.C.

DETROIT NEWS 6/28/70, p. 15C

NEVER ON SATURDAY (DURING JULY AND AUGUST)

We'd like to remind you that The Chevrolet Dealers of Greater Detroit will be closed on Saturday during the months of July and August. But all of us will be open until 9:00 every Monday and Thursday throughout the summer.

Come on up and see us sometime.

THE METROPOLITAN DETROIT CHEVROLET DEALERS

A-9

Complaint

DETROIT NEWS 5/14/71, p. 12C

ATTENTION, ALL WEEKEND CAR SHOPPERS!

THERE ARE JUST SATURDAYS LEFT TO SHOP FOR A DODGE DEAL

The Good Guys (your Dodge Dealers) want their sales people, office staffs and parts-service specialists to enjoy weekends with their families all summer long. That's why most Detroit-area Dodge Dealers will be CLOSED SATURDAYS during June, July and August. But, they'll be open MONDAY thru FRIDAY eager to please you in every way!

Colonial Dodge Mount Clemens Dodge Crestwood Dodge Northwestern Dodge Eastowne Dodge Pointe Dodge Garrity Motor Sales Reynal Brothers Fernwood Dodge South Pointe Dodge Hunter Dodge Sterling Heights Dodge Rusak Brothers Town & Country Dodge McMan Dodge Van Dyke Dodge Motor City Dodge Jim Vince Dodge Tel-Twelve Dodge

A-10

Complaint 108 F.T.C.

DETROIT FREE PRESS 5/22/71, p. 11B

PUBLIC NOTICE SO THAT ALL OF OUR SALES PERSONNEL MAY ENJOY THE SUMMER WEEKENDS WITH THEIR FAMILIES, THE CHRYSLER-PLYMOUTH DEALERS OF THE GREATER DETROIT AREA WILL CLOSE SATURDAYS DURING THE SUMMER COMMENCING MAY 29, 1971 FOR YOUR CONVENIENCE WE WILL BE OPEN MONDAY & THURSDAY EVENINGS 'TIL 9 PM TUESDAY, WEDNESDAY & FRIDAY EVENINGS 'TIL 6 PM THIS ADDITIONAL LEISURE TIME IS VOL- UNTARILY DONATED BY YOUR PUBLIC SPIRITED CHRYSLER-PLYMOUTH DEAL- ERS IN AN EFFORT TO PROMOTE BETTER EMPLOYEE & COMMUNITY RELATIONS

A-11

193 Complaint

DETROIT FREE PRESS 5/24/71, P. 10C

NEVER ON SATURDAY

DURING JUNE, JULY AND AUGUST

All Chevrolet Dealers of Greater Detroit will be closed Saturdays during the months of June, July and August, so our salesmen can enjoy the summer. Which means we'll all be in better spirits to make good Chevy deals throughout the rest of the week ... and Monday and Thursday evenings until 9:00. See you then. And we hope you'll enjoy your Saturdays as much as we will.

THE METROPOLITAN DETROIT CHEVROLET DEALERS

A-12

Complaint 108 F.T.C.

DETROIT FREE PRESS 5/27/71, p. 12B

Public Notice SO OUR EMPLOYES CAN SPEND MORE TIME WITH THEIR FAMILIES DURING THE SUMMER... PONTIAC DEALERS WILL BE CLOSED SATURDAY EFFECTIVE MAY 29th OUR SUMMER HOURS ARE:

MONDAYS AND THURS. 'TIL 9 P.M.

TUES., WEDS. & FRI. 'TIL 6 P.M.

UNTIL SEPTEMBER AUDETTE PONTIAC, INC. BRUCE CRAIG PONTIAC HAWKE PONTIAC CO. PORTERFIELD WILSON PONT. Troy, Mich. Plymouth, Mich. Warren, Mich. Detroit, Mich. BARNETT PONTIAC INC HIGGINS PONTIAC CO BOB SHELTON PONTIAC [illegible] RANDY WOOD PONTIAC Dearborn Mich Ferndale, Mich Rochester, Mich. Mt. Clemens, Mich. [illegible] PONTIAC INC RED HOLMAN PONTIAC CO Simpson Pontiac Sales Inc WOODY PONTIAC SALES Detroit, Mich Westland Mich Southgate, Mich Hamtramck, Mich [illegible] PONTIAC INC PACKER PONTIAC CO Art Grissom's Royal Pontiac [illegible] Detroit Mich Royal Oak Mich

A-13

193 Complaint

DETROIT FREE PRESS 5/27/71, p. 10B

FORD DEALERS ANNOUNCE...

new showroom hours METROPOLITAN DETROIT FORD DEALERS The majority of the Detroit Metropolitan Ford Dealers will be closed on Saturdays, effective May 29 and continuing through September 4, but will be open until 9:00 p.m. Mondays and Thursdays throughout the summer.

A-14

Complaint 108 F.T.C.

DETROIT FREE PRESS 5/28/71, p. 2B

We're buggin' out on Saturdays.

Starting tomorrow, we'll be closed every Saturday 'til Labor Day so we can enjoy more of the summer season with our families. In the meantime, our Sales and Service facilities will be open Monday thru Friday as usual.

Why don't you bug out, too. Come on in and see us . . . except Saturdays.

SUBURBAN VOLKSWAGEN, INC.

[illegible] [illegible] BELTON MOTORS, INC.

18160 Eureka [illegible] [illegible] [illegible] [illegible] GREENE MOTORS, INC.

[illegible] [illegible] SALVEY AUTOS INC

BILL GOLLING VOLKSWAGEN, INC.

1821 Maplelawn Boulevard Troy AUTOBAHN MOTORS, INC.

1745 South Telegraph Road Pontiac HOWARD COOPER VOLKSWAGEN, INC.

[illegible] Ann Arbor WOOD MOTORS, INC.

[illegible] BUD CLARK INC [illegible]

BOB SANKS VOLKSWAGEN, INC.

12 Mile and Van Dyke Sterling Heights SEAWAY MOTORS, INC.

4375 West Fort Street Detroit

A-15

193 Complaint

DETROIT FREE PRESS 5/23/72, p. 9B

NEVER ON SATURDAY

BEGINNING MAY 27, THROUGH AUGUST

We'd like to remind you that The Chevrolet Dealers of Greater Detroit will be closed on Saturday beginning May 27, through August. But all of us will be open until 9:00 every Monday and Thursday throughout the summer. Come on up and see us sometime.

THE METROPOLITAN DETROIT CHEVROLET DEALERS

A-16

Complaint 108 F.T.C.

DETROIT NEWS 5/24/72, p. 21C

THE GOOD GUY IS THE WHITE HAT TELL IT LIKE IT IS MOST OF US DETROIT-AREA DODGE DEALERS WILL BE CLOSED SATURDAYS DURING JUNE, JULY, & AUG.

In order to give our own sales and service guys 'n gals their full share of summer weekend fun, most of us will close our Dodge Dealerships on Saturdays, beginning May 27th.

We'll stay open 'til 9 P.M.

Mondays & Thursdays.

So that you'll have plenty of convenient shopping time — plus time to bring your car in for dependable Good Guys' service, most of us will stay open until 9:00 P.M. Mondays and Thursday evenings during June, July, and August. Take advantage of our convenient evening hours. DRIVE CAREFULLY.

ENJOY YOUR WEEKENDS.

DEPEND ON THE DODGE BOYS DEPEND ON THE DETROIT AREA GOOD GUYS.

A-17

DETROIT AUTO DEALERS ASSOC., INC., ET AL. Complaint

DETROIT FREE PRESS 5/25/72, p. 17C

Public Notice SO OUR EMPLOYES CAN SPEND MORE TIME WITH THEIR FAMILIES DURING THE SUMMER . . . PONTIAC DEALERS WILL BE CLOSED SATURDAYS EFFECTIVE MAY 27TH OUR SUMMER HOURS ARE:

MONDAYS AND THURSDAYS 'TIL 9 P.M.

TUES., WEDS. & FRIDAYS 'TIL 6 P.M.

UNTIL SEPTEMBER

AUDETTE PONTIAC, INC.

Troy, Mich.

BARRETT PONTIAC, INC.

Dearborn, Mich.

BELCASTRO PONTIAC, INC.

Ferndale, Mich.

JIM CAUSLEY PONTIAC, INC.

[illegible] BRUCE CRAIG PONTIAC Plymouth, Mich.

RED HOLMAN PONTIAC CO.

Westland, Mich.

SCHUELLER PONTIAC, INC.

Pontiac, Mich.

PACKER PONTIAC CO.

Detroit, Mich.

MIKE PONTIAC CO.

Warren, Mich.

BOB SELLERS PONTIAC, INC.

Detroit, Mich.

BOB SHELTON PONTIAC-BUICK Rochester, Mich.

SIMPSON PONTIAC SALES INC.

Southgate, Mich.

ACE WILSON ROYAL PONTIAC Royal Oak, Mich.

PORTERFIELD WILSON PONTIAC Detroit, Mich.

RANDY WOOD PONTIAC Mt. Clemens, Mich.

WOODY PONTIAC SALES Hamtramck, Mich.

PONTIAC RETAIL STORE Pontiac, Mich.

A-18

Complaint 108 F.T.C.

DETROIT FREE PRESS 5/26/72, p. 10C

Closed Saturdays for the summer at the sign of the cat!

Effective immediately, all Detroit area Lincoln-Mercury dealers will be closed Satur days to give employees full weekends with their families. Your understanding in visiting Monday thru Friday (including Monday and Thursday nights 'til 9 o'clock) is appreciated.

LINCOLN

A-19

193 Complaint

DETROIT FREE PRESS 5/26/72, p. 11C

Detroit Area Oldsmobile Dealers Will Be Closed Saturday and Memorial Day.

NEW SUMMER HOURS:

Mondays and Thursdays, Open 'Till 9 P.M. Tuesdays, Wednesdays and Fridays, Open 'Till 6 P.M. — Closed Saturdays

Charnock Oldsmobile 24555 Michigan Avenue, Dearborn, 565-6500 Drummy Oldsmobile 14925 E. 8 Mile Road, East Detroit, 772-2200 Edmond Motor Sales 12101 Joseph Campau, Hamtramck, 365-5500 Gage Oldsmobile 21710 Woodward Avenue, Ferndale, 399-3200 Glassman Oldsmobile 28000 Telegraph Road, Southfield, 354-3300 Hargrove Oldsmobile 33073 Michigan Avenue, Wayne, 721-3630 Key Oldsmobile 2446 E. 12 Mile Road, Warren, 751-6100 Bill Lee Oldsmobile 295 South Gratiot, Mt. Clemens, 465-0456 Rosedale Motors 17411 Grand River, Detroit, 272-6212 Bill Rowan Oldsmobile 15800 Eureka, Southgate, 282-3100 Bob Saks Oldsmobile 15205 E. Jefferson, Grosse Pointe Park, 821-5000 Suburban Motors Company 565 S. Woodward Avenue, Birmingham, 644-4440 Superior Oldsmobile 15000 W. 7 Mile Road, Detroit, 342-7000 Detroit Oldsmobile Dealers Association

A-20

Complaint 108 F.T.C.

DETROIT NEWS 6/1/72, p. 15D

PUBLIC NOTICE SO THAT ALL OF OUR SALES PERSONNEL MAY ENJOY THE SUMMER WEEKENDS WITH THEIR FAMILIES, THE CHRYSLER-PLYMOUTH DEALERS OF THE GREATER DETROIT AREA WILL CLOSE SATURDAYS DURING THE SUMMER FOR YOUR CONVENIENCE WE WILL BE OPEN :MONDAY & THURSDAY EVENINGS 'TIL 9 PM ESDAY, WEDNESDAY & FRIDAY EVENINGS 'TIL 6 PM THIS ADDITIONAL LEISURE TIME IS VOL- UNTARILY DONATED BY YOUR PUBLIC SPIRITED CHRYSLER-PLYMOUTH DEAL- ERS IN AN EFFORT TO PROMOTE BETTER EMPLOYEE & COMMUNITY RELATIONS

A-21

DETROIT AUTO DEALERS ASSOC., INC., ET AL. 225 193 Complaint

Detroit Free Press 5/24/73, p. 17c

PUBLIC NOTICE CHRYSLER PLYMOUTH DEALERS OF GREATER DETROIT WILL BE CLOSED SATURDAYS MAY 26th THRU SEPT. 1st OPEN MONDAYS & THURSDAYS TIL 9 P.M.

TUESDAY, WEDNESDAY, FRIDAY TIL 6 P.M.

A-22

Complaint 108 F.T.C.

Detroit Free Press 5/26/73, p. 10c

Closed Saturdays for the Summer at the sign of the cat!

Effective immediately and through August, all Detroit area Lincoln-Mercury dealers will be closed Saturdays to give employees full weekends with their families. Your understanding in visiting Monday thru Friday (including Monday and Thursday nights until 9 o'clock) is appreciated.

MERCURY LINCOLN

LMDA

A-23

193 Complaint

Detroit Free Press 5/30/73, p. 12c

GREATER DETROIT CHEVROLET DEALERS ANNOUNCES NEW SUMMER HOURS For the convenience of our employees and their families, the Greater Detroit Chevrolet Dealers, will be closed on Saturdays, during the months of June, July, and August.

Our Sales Department will be open during the following hours MONDAY AND THURSDAY 8:30 A.M. TO 9:00 P.M.

TUESDAY, WEDNESDAY AND FRIDAY 8:30 A.M. to 6 P.M.

"HAVE A SAFE AND HAPPY SUMMER"

A-24

Complaint 108 F.T.C.

Detroit News 5/30/73, p. 21C

The AMC Dealers of Greater Detroit will be closed Saturdays June 2nd thru Sept. 1st.

Our regular working hours will remain in effect Mon. thru Fri.

A-25

193 Complaint

Detroit Free Press 6/2/73, p. 9c

THE GOOD GUYS IN THE WHITE HATS TELL IT LIKE IT IS!

NOW—THRU SEPT 10th DETROIT AREA DODGE DEALERS WILL BE CLOSED SATURDAYS DURING JUNE, JULY & AUG.

In order to give our sales and service guys 'n gals their full share of summer weekend fun, we will close our Dodge Dealerships on Saturdays beginning June 2.

We'll stay open 'til 9 p.m.

Mondays & Thursdays

So that you'll have plenty of convenient shopping time—plus time to bring your car in for dependable Good Guys' service, most of us will stay open until 9:00 PM Monday and Thursday evenings during June, July, and August. Take Advantage of our convenient evening hours.

DRIVE CAREFULLY ENJOY YOUR WEEKEND

THE DODGE BOYS DEPEND ON THE DETROIT AREA GOOD GUYS

A-26

Complaint 108 F.T.C.

DETROIT FREE PRESS 11/28/73, p. 14B

THE DODGE BOYS

OUR SHOWROOMS WILL BE CLOSED SATURDAYS, STARTING DECEMBER 1ST

We Detroit Area Good Guys

are doing our bit to ease the energy crisis.

One less day of heating lights, our people driving to and from their jobs—it'll all add up to help ease the crunch. And if everyone will just add his "little bit" to help ease the shortage, we'll all make it through these tight times: Naturally, we'll be open Mondays through Fridays, as usual—and many of our showrooms will be open Monday and Thursday evenings for your convenience.

We're doing our bit, and we're depending on your help, too!

| ED CARPENTER SALES 33640 Michigan Ave. Wayne, Mich. 48184 | Jack Henderson Dodge, Inc. 9700 Belleville Rd. Belleville, Mich. 48111 | Northwestern Dodge, Inc. 10500 W. Eight Mile Ferndale, Mich. 48237 | Sterling Heights Dodge, Inc. 40111 Van Dyke Sterling Hgts., Mich. 48087 | | COLONIAL DODGE, INC. 24211 Gratiot Ave. East Detroit, Mich. 48201 | HUSAK BROTHERS, INC. 8421 Michigan Ave. Detroit, Mich. 48210 | OAKLAND DODGE, INC. 101 W. 14 Mile Rd. Madison Hgts., Mich. 48071 | Tel-Twelve Dodge, Inc. 24625 W. 12 Mile Southfield, Mich. 48075 | | CRESTWOOD DODGE, INC. 32850 Ford Rd. Garden City Mich 48135 | G. E. Miller Sales & Service 127 Hutton St. Northville Mich 48167 | POINTE DODGE, INC. 18001 Mack Ave. Detroit, Mich. 48224 | Town & Country Dodge, Inc. 31015 Grand River Farmington, Mich. 48024 | | FERNWOOD DODGE, INC. 23000 Woodward Ave. Ferndale Mich 48220 | Motor City Dodge, Inc. 855 Oakland Pontiac, Mich. 48055 | Raynal Brothers Company 9103 Chalmers Detroit, Mich. 48213 | VAN DYKE DODGE, INC. 28400 Van Dyke Warren, Mich. 48093 | | Garnty Motor Sales, Inc. 11500 Joseph Campau Hamtramck Mich 48212 | Mt. Clemens Dodge, Inc. 43774 N Gratiot Ave. Mt Clemens Mich 48043 | SOUTH POINTE DODGE 13500 Telegraph Taylor, Mich. 48180 | JIM VINCE DODGE, INC. 2319 Fort St. Wyandotte, Mich 48192 |

A-27

193 Complaint

Detroit News 11/29/73, p. 22 C

GREATER DETROIT CHEVROLET DEALERS until further notice will be closed on Saturdays starting Dec. 1, 1973 For your shopping convenience we will remain open MON. & THURS. NIGHTS TIL 9 P.M.

TUES.-WED.-FRI. 8:30 A.M.-6:00 P.M.

A-28

Complaint 108 F.T.C.

SPECIAL ANNOUNCEMENT YOUR TRI-COUNTY PONTIAC DEALERS WILL NOW BE CLOSED ON SATURDAYS

No one knows how long the energy crisis will last, but we all want to do our part to help. So, the 22 Tri-County Pontiac Dealers have decided to close their showrooms every Saturday, beginning December 1st. This means we'll be decreasing our power consumption by approximately 15%.

Detroit News 11/29/73 p. 12 C

TRI-COUNTY PONTIAC DEALERS ASSOCIATION

AUDETTE PONTIAC, INC.

[illegible] Troy, Michigan [illegible] [illegible]

BARNETT PONTIAC, INC.

[illegible] Dearborn, Michigan 48126 [illegible]

JIM FRESARD PONTIAC, INC.

[illegible] Royal Oak, Michigan 48067 [illegible]

SHELTON PONTIAC-BUICK, INC.

[illegible] Rochester, Michigan 48063 [illegible]

We pledge to use less energy today, so that everyone can have more tomorrow.

BELCASTRO PONTIAC, INC.

[illegible] Ferndale, Michigan 48220 [illegible]

JIM CAUSLEY PONTIAC, INC.

17677 Mack Avenue Detroit, Michigan 48224 [illegible]

BRUCE CRAIG PONTIAC, INC.

[illegible] Plymouth, Michigan 48170 [illegible]

JACK W. HAUPT SALES, INC.

[illegible] Clarkston, Michigan 48016 [illegible]

RED HOLMAN PONTIAC CO.

[illegible] Westland, Michigan 48185

ART MORAN PONTIAC, INC.

[illegible] Southfield, Mich. 48067 [illegible]

RUSS JOHNSON SALES, INC.

[illegible] Lake Orion, Michigan 48035 [illegible]

McMULLEN PONTIAC, INC.

[illegible] Pontiac, Michigan 48053 [illegible]

KELLY MINNICK, INC.

[illegible] Utica, Michigan 48087

PACKER PONTIAC COMPANY [illegible] Detroit, Michigan 48221 [illegible]

PONTIAC RETAIL STORE [illegible] Pontiac, Michigan 48053 [illegible]

RINKE PONTIAC CO.

[illegible] Warren, Michigan 48093 [illegible]

BOB SELLERS PONTIAC, INC.

[illegible] Detroit, Michigan 48219 [illegible]

SIMPSON PONTIAC SALES, INC.

[illegible] Southgate, Michigan 48192 [illegible]

SKINNER-FRUIN AUTO SALES, INC.

[illegible] Richmond, Michigan [illegible] [illegible]

PORTERFIELD WILSON PONTIAC, INC.

[illegible] Detroit, Michigan 48227 [illegible]

RANDY WOOD PONTIAC, INC.

[illegible] Mount Clemens, Michigan 48043 [illegible]

WOODY PONTIAC SALES, INC.

[illegible] Detroit, Michigan 48212 [illegible]

A-29

Complaint

Detroit News, 11/29/73, p. 22C

METRO BUICK-OPEL DEALERS

UNTIL FURTHER NOTICE THE METRO BUICK-OPEL DEALERS WILL BE CLOSED SATURDAY . . . BEGINNING DECEMBER 1, 1973 . . .

FOR YOUR SHOPPING CONVENIENCE, WE WILL REMAIN OPEN UNTIL 9:00 P.M.

MONDAY AND THURSDAY

MONDAY AND THURSDAY 8:30 A.M. TO 9:00 P.M.

TUESDAY, WEDNESDAY & FRIDAY 8:30 A.M. TO 6 P.M.

A-30

Complaint

DETROIT FREE PRESS 11/29/73, P. 14C

At the sign of the cat.

MERCURY LINCOLN

We're closed on Saturdays.

Because we wish to afford our sales personnel as much time to enjoy family life as other working people, we've decided to close our showrooms on Saturdays. Our service departments have not been open on Saturdays for quite a while.

Also, the energy crisis is persuading many businesses to curtail their operating hours. Not only is there a real need to conserve energy, but, frankly, the higher cost of utilities has been an incentive to reduce overhead. We believe our change in hours will not inconvenience our customers. In fact, we're sure we can better accommodate you by keeping our showrooms open until 9 p.m. on Monday and Thursday nights. We're looking forward to seeing you then, at the sign of the cat.

Visit your Detroit area Lincoln-Mercury Dealer.

Open Monday and Thursday till 9 p.m.

for your shopping convenience.

LMDA DEALER ADVERTISING A-31

193 Complaint

Now Detroit Metropolitan Ford Dealers will be closed On Saturdays Until further notice participating Detroit Metropolitan Ford Dealers will be closed Saturday beginning December 1, 1973.

For your convenience we will be open until 9:00 P.M. Monday and Thursday, and until 6:00 P.M. Tuesday, Wednesday and Friday.

Detroit Metropolitan Ford

Detroit Free Press 11/30/73, p. 2D

A-32

Complaint 108 F.T.C.

Detroit News 12/9/73, p. 22 C

CLOSED SATURDAYS! The Ford Dealers of Metropolitan Detroit voted overwhelmingly to close their new and used car sales rooms on Saturdays.

As a result, Avis Ford will be closed Saturdays immediately, until further notice.

Avis Ford will be open Monday and Thursday nights til 9 p.m. for your convenience.

A-33

237 Decision and Order (Chevrolet)

DECISION AND ORDER

The Commission having heretofore 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, and the respondents having been served with a copy of that complaint, together with a notice of contemplated relief; and

The Chevrolet association, the Chevrolet dealers, and the Chevrolet individual respondents identified in Attachments A, B and C to this order, their attorneys, and counsel for the Commission having thereafter executed an agreement containing a consent order for Count II 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 does not constitute an admission by respondents that the law has been violated as alleged in Count II of such complaint, and waivers and other provisions as required by the Commission's Rules; and

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

The Commission having considered the matter and having 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 Section 3.25(f) of its Rules, the Commission hereby makes the following jurisdictional findings and enters the following order:

1. Respondent Chevrolet 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 B are officers of various Chevrolet dealers, as shown in Attachment B, and as such they formulate, direct and control the acts and practices of the dealers for which they are officers. 3. The respondent Chevrolet association identified in Attachment C is an incorporated trade association for Chevrolet motor vehicle dealers with its principal place of business located at the address shown in Attachment C. 4. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding as it relates to Count II of the complaint and of the respondents listed in Attachments A, B and C, and the proceeding is in the public interest.

Decision and Order (Chevrolet) 108 F.T.C.

ORDER

For purposes of this order, the following definitions shall apply:

1. Person means any natural person, corporation, partnership, association, joint venture, trust or any 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. Other dealer means any dealer not named in this order.

4. Dealer association means any trade, civic, service, or social association whose membership is comprised primarily of dealers.

5. Detroit area means the Detroit, Michigan metropolitan area, comprising Macomb County, Wayne County and Oakland County in the State of Michigan.

6. Respondent means any corporation listed in Attachment A, any individual listed in Attachment B, or any association listed in Attachment C, and the officers, directors, representatives, agents, divisions, subsidiaries, and successors and assigns of any listed corporation or association.

I.

It is ordered, That each respondent shall cease and desist from, directly or indirectly, or through any corporate or other device, entering into or continuing or carrying out any agreement, contract, combination or conspiracy with any respondent or any other dealer or dealer association in the Detroit area which has the purpose or effect of:

A. Restricting, regulating or limiting the advertising of any motor vehicle in the classified section of any newspaper or the advertising or publishing by any person of any price, term, or condition of sale of any motor vehicle, except to the extent that the restriction, regulation or limitation of such advertising is necessary for the purpose of engaging in lawful joint advertising; or

B. Maintaining, adopting or adhering to any policy, act or practice that restricts, regulates or limits the advertising by any person of any motor vehicle in the classified section of any newspaper or the advertising or publishing by any person of any price, term, or condition of sale of any motor vehicle, except to the extent that the restriction, regulation or limitation of such advertising is necessary for the purpose of engaging in lawful joint advertising.

237 Decision and Order (Chevrolet)

II.

It is further ordered, That each 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 any person to perform any of the following acts or practices, or entering into or 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. Requesting, recommending, coercing, influencing, encouraging or persuading, or attempting to request, recommend, coerce, influence, encourage or persuade, any other respondent or any other dealer in the Detroit area to maintain, adopt or adhere to any policy, act or practice that restricts, regulates or limits the advertising by any person of any motor vehicle in the classified section of any newspaper or the advertising or publishing by any person of any price, term, or condition of sale of any motor vehicle, except to the extent that the restriction, regulation or limitation of such advertising is necessary for the purpose of engaging in lawful joint advertising; or B. Requesting, recommending, coercing, influencing, encouraging or persuading, or attempting to request, recommend, coerce, influence, encourage or persuade, any other respondent or any other dealer in the Detroit area to change his advertised or published prices.

III.

It is further ordered, That nothing contained in Parts I or II above shall be construed to prohibit: (a) any respondent association from formulating, adopting, disseminating to its members, and enforcing lawful guidelines governing the conduct of its members with respect to advertisements that such respondent association reasonably believes would be false or deceptive within the meaning of Section 5 of the Federal Trade Commission Act; (b) any other respondent from participating in such activities as identified in Subpart (a) of an association of which such respondent is a member; or (c) any respondent from informing or advising anyone regarding what the respondent reasonably believes to be the requirements of any other existing or proposed federal, state, or local law, regulation, or order, or publishing such interpretations thereof.

Decision and Order (Chevrolet) 108 F.T.C.

IV.

It is further ordered, That the respondent association listed in Attachment C shall cease and desist from failing to maintain for five (5) years following the taking of any action against a person alleged to have violated any advertising guidelines as described in Part III of this order, in a separate file segregated by the name of any person against whom such action was taken, any document that embodies, discusses, mentions, refers, or relates to the action taken and any allegation relating to it.

V.

It is further ordered, That the respondent association listed in Attachment C shall:

A. Within sixty (60) days of the date this order becomes final, amend its by-laws to incorporate by reference this order, and provide each member with a copy of this order and the amended by-laws; B. For three (3) years from the date this order becomes final, provide each new member with a copy of this order and the amended by-laws within thirty (30) days of the new member's admission to the association.

VI.

It is further ordered, That, for a period of three (3) years from the date this order becomes final, the respondent association listed in Attachment C shall notify the Commission at least sixty (60) days prior to the adoption of any advertising guidelines as described in Part III of this order.

VII.

It is further ordered, That each respondent shall, within sixty (60) days after this order becomes final, and then annually thereafter for a period of three (3) years, file with the Commission a report, in writing, signed by the respondent, setting forth in detail the manner and form in which it has complied with this order.

VIII.

It is further ordered, That each corporate respondent shall notify the Commission at least thirty (30) days prior to any proposed change

237 Decision and Order (Chevrolet)

in that corporate respondent, such as dissolution, assignment or sale, resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other change in that corporate respondent that may affect compliance obligations arising out of this order. In the case of each natural person respondent named herein, for a period of three (3) years from the date this order becomes final, said respondent shall 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 respondent's new business address and a statement of the nature of the business or employment in which said respondent is newly engaged, as well as a description of the respondent's duties and responsibilities in connection with the business or employment.

ATTACHMENT A

Jack Cauley Chevrolet, Inc.

7020 Orchard Lake Road West Bloomfield, Michigan 48033

Dexter Chevrolet Co.

20811 W. Eight Mile Road Detroit, Michigan 48219

Dick Genthe Chevrolet, Inc.

15600 Eureka Road Southgate, Michigan 48195

Jefferson Chevrolet Co.

2130 E. Jefferson Avenue Detroit, Michigan 48207

Lou LaRiche Chevrolet-Subaru, Inc.

40875 Plymouth Road Plymouth, Michigan 48170

Walt Lazar Chevrolet, Inc.

12000 Telegraph Road Taylor, Michigan 48180

Mark Chevrolet, Inc.

33200 Michigan Avenue Wayne, Michigan 48184

George Matick Chevrolet, Inc.

14001 Telegraph Road Redford, Michigan 48239

Matthews-Hargreaves Chevrolet Co.

1616 South Main Street Royal Oak, Michigan 48067

Merollis Chevrolet Sales & Service, Inc. 21800 Gratiot Avenue East Detroit, Michigan 48021

Ed Rinke Chevrolet-GMC Co.

26125 Van Dyke Center Line, Michigan 48015

Mike Savoie Chevrolet, Inc.

1900 West Maple Road Troy, Michigan 48084

Les Stanford Chevrolet, Inc.

21711 Michigan Avenue Dearborn, Michigan 48123

Tennyson Chevrolet, Inc.

32570 Plymouth Road Livonia, Michigan 48150

Buff Whelan Chevrolet, Inc.

40445 Van Dyke Sterling Heights, Michigan 48077

Wink Chevrolet Co.

d/b/a Bill Wink Chevrolet/GMC 10700 Ford Road Dearborn, Michigan 48126

Decision and Order (Chevrolet) 108 F.T.C.

ATTACHMENT B

John H. Cauley Jack Cauley Chevrolet, Inc.

7020 Orchard Lake Road West Bloomfield, Michigan 48033

Joseph B. Slatkin Dexter Chevrolet Co.

20811 W. Eight Mile Road Detroit, Michigan 48219

Richard E. Genthe Dick Genthe Chevrolet, Inc.

15600 Eureka Road Southgate, Michigan 48195

Louis H. LaRiche Lou LaRiche Chevrolet-Subaru, Inc.

40875 Plymouth Road Plymouth, Michigan 48170

Walter N. Lazar Walt Lazar Chevrolet, Inc.

12000 Telegraph Road Taylor, Michigan 48180

Harry C. Demorest Mark Chevrolet, Inc.

33200 Michigan Avenue Wayne, Michigan 48184

Norman A. Merollis Merollis Chevrolet Sales & Service, Inc. 21800 Gratiot Avenue East Detroit, Michigan 48021

Harry Tennyson Tennyson Chevrolet, Inc.

32570 Plymouth Road Livonia, Michigan 48150

William J. Wink, Jr.

Wink Chevrolet Co.

d/b/a Bill Wink Chevrolet/GMC 10700 Ford Road Dearborn, Michigan 48126

ATTACHMENT C

Greater Detroit Chevrolet Dealers Association, Inc. 100 Renaissance Center, Suite 3100 Detroit, Michigan 48243

243 Decision and Order (Chrysler-Plymouth)

IN THE MATTER OF

DETROIT AUTO DEALERS ASSOCIATION, INC., ET AL.

CONSENT ORDER IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT

Docket 9189. Complaint,* Dec. 20, 1984—Decision, Dec. 3, 1986

This consent order prohibits, among other things, eleven Detroit, Mich.-area Chrysler- Plymouth associations, dealerships and dealers from conspiring to not advertise in the classified sections of newspapers or to not advertise vehicle prices at all.

Appearances

For the Commission: Dennis F. Johnson, Robert C. Jones, Richard B. Smith, Richard A. Wolff, Timothy Suich and Morris Bloom.

For the respondents: Howard E. O'Leary, Dykema, Gossett, Spencer, Goodnow & Trigg, Washington, D.C.

DECISION AND ORDER

The Commission having heretofore 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, and the respondents having been served with a copy of that complaint, together with a notice of contemplated relief; and The Chrysler-Plymouth association, the Chrysler-Plymouth dealers, and the Chrysler-Plymouth individual respondents identified in Attachments A, B and C to this order, their attorneys, and counsel for the Commission having thereafter executed an agreement containing a consent order for Count II 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 does not constitute an admission by respondents that the law has been violated as alleged in Count II of such complaint, and waivers and other provisions as required by the Commission's Rules; and The Secretary of the Commission having thereafter withdrawn Count II of the complaint from adjudication in accordance with Section 3.25(c) of its Rules; and The Commission having considered the matter and having there-

*Complaint previously published at 108 F.T.C. 193.