ACDC
Well-Known Member
- First Name
- Michael
- Joined
- Feb 26, 2019
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- Location
- Portland OR
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- 2013 Outback, 2012 Tacoma
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- #1
I'm sure they are going to work on other states too. Too many resources to sue all the anti direct sales states at the same time.Why sue only Ohio? It’s like half the country that does what Ohio does.
Good answer. I agree.When dealers have built a manufacturer's brand, as with the vast majority of legacy automobile brands, those dealers need protection against competition from the manufacturer. Otherwise the manufacturer can swoop in and annihilate the people who built their reputation.
When dealers did not build a manufacturer's brand, the manufacturer should be free to decide whether or not to create a dealer network.
Whether small or large, you deserve to enjoy what you built. You don't deserve to appropriate what someone else built. In my opinion, that's basic fairness.
I can easily support independent dealers' efforts to prevent encroachment by Ford, GM, etc. I can just as easily support Tesla's and Rivian's efforts to keep control over the distribution model they are building themselves, at their own risk.
Best to all!
I'm not a lawyer, but I expect it has to do with Tesla's carve out for direct sales in Ohio.Why sue only Ohio? It’s like half the country that does what Ohio does.
Good point. I think they won in Illinois because of this (the Tesla carve out).I'm not a lawyer, but I expect it has to do with Tesla's carve out for direct sales in Ohio.
I don't think there's anything fundamentally illegal/unconstitutional about a state banning direct sales. As much as we dislike the laws, it's not outside the powers of a state.
When the state starts saying no one can do direct sales except for Tesla, that likely opens up grounds for claims. Possibly related to restrictions on interstate commerce.
I believe a few other states are Tesla only direct sales.
If so, the legal strategy is probably to find one state where the lawsuit can succeed first. Suing other states will become easier once precedents have been established.
Pennsylvania has the same carve out for Tesla. No matter how you slice it, it's government santioned restraint of trade/competition. Rivian has already lobbied in Harrisburg, PA at the state capitol. I have to assume Rivian's legal team is taking on specifically Ohio for a reason? Perhaps they feel it could be an easier win than other states, and set a helpful precedence for future litigation?Why sue only Ohio? It’s like half the country that does what Ohio does.