Petroleum Marketing Practices Act Amendments of 1987: Hearings Before the Subcommittee on Energy Regulation and Conservation of the Committee on Energy and Natural Resources, United States Senate, One Hundredth Congress, Second Session, on S. 2179 ... October 4, 1988U.S. Government Printing Office, 1989 - 184 pages |
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American Petroleum Institute Amoco antitrust Arco AUTOMOTIVE bill branded California Chairman Chevron dealer CHISHOLM competitive Congress consignment consumers contract economically course of business credit card Curtis Carlson debit card DON NICKLES economically necessary employees enacted Energy Regulation Evesham Township fair and reasonable faith Farm Stores Federal Trade Commission franchise agreement franchise relationship franchisor GASOLINE DEALERS gasoline marketing gasoline per month GASOUNE going hearing intent Jack Kane jobbers JOEL WEISBERG legislation litigation major oil companies Marketing Practices Act motor fuel negotiate normal course offer operation percent Petroleum Marketers Association Petroleum Marketing Practices PMAA PMPA PMPA's PROBUS protection pumping purchase refiners refinery Regulation and Conservation renewal rent hikes require së së së Section sell gasoline Senator FORD Senator NICKLES SERVICE STATION ASSN SERVICE STATION DEALERS Smith standard STATION DEALERS ASSN statute STEFFEN suppliers termination or nonrenewal Texaco underlying lease Wendell H
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Page 95 - A plaintiff can succeed upon showing: "(a) irreparable harm and (b) either (1) likelihood of success on the merits or (2) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly toward the party requesting the preliminary relief.
Page 107 - One test is whether the determination was made 'in good faith.' This good faith test is meant to preclude sham determinations from being used as an artifice for termination or non-renewal. The second test is whether the determination was made ' in the normal course of business.
Page 163 - We decline the invitation to extend it. * To allow Union Oil to achieve price fixing in this vast distribution system through this "consignment" device would be to make legality for antitrust purposes turn on clever draftsmanship. We refuse to let a matter so vital to a competitive system rest on such easy manipulation.
Page 143 - Section 3 of the bill requires all franchise agreement changes to be 'fair and reasonable" If failure to agree to those changes is to be used as a reason for -4nonrenewal. Current law already requires that such changes be made in "good faith and in the normal course of business' and not for the purpose of preventing renewal.
Page 91 - Petroleum Marketers Association Independent Connecticut Petroleum Association Florida Petroleum Marketers Association Georgia Oilmen's Association Idaho Oil Marketers Association Illinois Petroleum Marketers Association Indiana Oil Marketers Association, Inc.
Page 92 - These marketers sell about half the gasoline, 75 percent of the home heating oil and 60 percent of the diesel fuel consumed in this country.
Page 25 - Section 102(b)(2)(A) [15 USC 2802] of PMPA allows termination of a franchise or non-renewal of a franchise relationship if the franchisee fails to comply with a provision of the franchise which is both reasonable and of material significance to the contract. If a dealer atiempts to challenge a termination on these grounds, the termination will be upheld if the contract provision is reasonable.
Page 91 - Jobbers of Wisconsin. Inc. Wyoming Petroleum Marketers Association The Petrol.eum Marketers Association of America is located at 1120 Vermont Avenue, NW, Suite 1130, Washington. DC 20005. Telephone: (202) 331-1198.
Page 107 - At this point it is appropriate to note that considerable debate has focused upon recognition of so-called 'reasonable business judgments' of the franchisor as grounds for termination or non-renewal. This standard has not been adopted by the committee. Instead, a two-fold test has been utilized to judge certain specified determinations including that of market withdrawal. "One test is whether the determination was made 'in good faith...
Page 157 - ... a trademark which is owned or controlled by such refiner or by a refiner which supplies fuel to the distributor which authorizes or permits such use. The term "franchise...