Price Discrimination Challenges to Factory Incentive Programs: Recent Cases Demonstrate Obstacles and Opportunities

Recent decisions demonstrate that dealers can succeed on price discrimination claims if they can marshal sufficient evidence to show that they were foreclosed from favored pricing and that they lost sales to favored competitors as a result. Dealerships concerned about losing sales to intra-brand competitors due to lower prices subsidized by factory incentives should consider steps to collect and preserve evidence that will be helpful in supporting a potential claim.

Read the full article as printed in the Nation Association of Dealer Counsel here.

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