Boycott group boycotts!
[I]A reminder for dealers on antitrust rules[/I]From time to time, everyone can get non-plussed at editorials from news organizations or contractor business practices that seem to be at odds with them and their industry. Thats natural and OK. Where it becomes a problem, and violative of antitrust laws, is when competitor businesses get together and agree to retaliate with things like boycotts.
Agreements between you and your competitors to boycott another business could be found by state and federal law enforcement agencies to be illegal restraints of trade carrying steep civil and criminal penalties, if established.
Dealers should keep these points in mind:
Never discuss with other dealers refusals to advertise or put limitations on advertising in media outlets. Actions can be and have been taken against group media boycotts by state attorneys general and by the U.S. Justice Department.
Never discuss with other dealers refusals to deal or put limitations on dealing with a manufacturer. Such activities have been the target of federal Department of Justice and FTC investigations.
Never discuss with other dealers refusing to deal or putting limitations on dealing with suppliers. That could subject dealers to supplier lawsuits and governmental action.
Interaction on policy issues with a dealer association that is considering the position it wishes to take in seeking government action is not a problem. However, a dealer who finds himself or herself in a discussion with other dealers about the terms on which they will stop or they will limit doing business with a media outlet, a manufacturer, or a supplier should insist that the discussion terminate immediately.
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