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

Topics:  Detroit Auto Dealers Association

Donald S. Clark
Federal Trade Commission
February 10, 1994

[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-3089]


[[Page Unknown]]

[Federal Register: February 10, 1994]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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