Petroleum Marketing Practices: Hearing Before the Subcommittee on Fossil and Synthetic Fuels of the Committee on Energy and Commerce, House of Representatives, Ninety-ninth Congress, First Session, on H.R. 2406 and H.R. 3338 ... December 5, 1985, Volume 4U.S. Government Printing Office, 1986 - 254 pages |
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Page 8
... refiner - controlled trademark if the 23 decision to resume sales under such a trademark is made in 24 good faith and is not intended to circumvent the provisions of 25 this Act . " . HR 2406 IH 1 7 ( c ) ( 1 ) Section 102 8.
... refiner - controlled trademark if the 23 decision to resume sales under such a trademark is made in 24 good faith and is not intended to circumvent the provisions of 25 this Act . " . HR 2406 IH 1 7 ( c ) ( 1 ) Section 102 8.
Page 18
... faith effort , to obtain pos- 5 session of the premises involved , the franchisor , as a condi- 6 tion of any termination or nonrenewal made on the basis of 7 an event described in paragraph ( 4 ) , shall pay to the franchi- 8 see the ...
... faith effort , to obtain pos- 5 session of the premises involved , the franchisor , as a condi- 6 tion of any termination or nonrenewal made on the basis of 7 an event described in paragraph ( 4 ) , shall pay to the franchi- 8 see the ...
Page 22
... faith , he can be terminated . Additionally , section 102 ( a ) ( 2 ) allows termi- nation if an event occurs that makes termination of a franchise , or nonrenewal reasonable . The existing reasonableness requirements to PMPA have ...
... faith , he can be terminated . Additionally , section 102 ( a ) ( 2 ) allows termi- nation if an event occurs that makes termination of a franchise , or nonrenewal reasonable . The existing reasonableness requirements to PMPA have ...
Page 23
... faith and normal course of business grounds for nonrenewal . There is no qualification that the lease additions be fair and reasonable . As a result , we see oil companies set extremely high rents and then using rent rebates based on ...
... faith and normal course of business grounds for nonrenewal . There is no qualification that the lease additions be fair and reasonable . As a result , we see oil companies set extremely high rents and then using rent rebates based on ...
Page 39
... faith and the normal course of business and are not being proposed as a means of avoiding renewal of the contract . The courts have interpreted this " good faith " and " normal course of business " standard in such a way as to allow ...
... faith and the normal course of business and are not being proposed as a means of avoiding renewal of the contract . The courts have interpreted this " good faith " and " normal course of business " standard in such a way as to allow ...
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Expressions et termes fréquents
Amoco Amoco Oil Company antitrust bill blue widget changes classes of trade company-operated stations competition CONGRESS THE LIBRARY constructive termination consumer costs courts crude oil customers dealers and jobbers decontrol distribution distributors economic efficient enabled the franchisee enacted Exxon failure fair and reasonable franchise agreement franchise relationship franchisee to compete franchisee's franchisor gallon gasoline marketing independent marketers industry JERRY FERRARA legislation LIBRARY OF CONGRES LIBRARY OF CONGRESS Marathon Petroleum Company margins market area Marketing Practices Act McDONALD motor fuel marketing motorist offer operated stations percent Petroleum Marketers Association Petroleum Marketing Practices PMAA PMPA predatory pricing price discrimination profit proposed amendments provisions purchase RAUSCHER reasonably enable refineries renewal require result retail outlets retail price Robinson-Patman Act Section 3(g sell service station sold statement subcommittee supplier supply SYNAR SYNTHETIC FUELS TAUKE termination or nonrenewal Texaco third party trademark underlying lease uneconomic unfair volume wholesale
Fréquemment cités
Page 54 - Fuel Merchants Association of New Jersey New Mexico Petroleum Marketers Association Empire State Petroleum Association North Carolina Petroleum Marketers Association Northwest Petroleum Association Ohio Petroleum Marketers Association Oklahoma Oil Marketers Association Oregon Petroleum Marketers Association Pennsylvania Petroleum Association, Inc. South Carolina Oil Jobbers Association South Dakota Petroleum Marketers Association Tennessee Oil Marketers Association...
Page 54 - America represents the independent petroleum marketers who are members of these state and regional trade associations: Alabama Oilmen's Association Arizona Petroleum Marketers Association Arkansas Oil Marketers Association, Inc. California Independent Oil Marketers Association Colorado Petroleum Marketers Association Independent Connecticut Petroleum Association Florida Petroleum Marketers Association...
Page 30 - These stations, whether they are operated by a refiner or a marketer, are generally self service and usually offer ancillary services such as convenience store items or a car wash. Marketers who operate exclusively through such stations are known as "chain retailers*.
Page 154 - ... the result of determinations made by the franchisor in good faith and in the normal course of business; and (ii) such failure is not the result of the franchisor's insistence upon such changes or additions for the purpose of preventing the renewal of the franchise relationship.
Page 30 - ... the marketer purchases the product, he can distribute It In several ways. If he has a franchise agreement with his refiner/supplier, he can resell the product to a service station dealer to whom the marketer also offers a franchise agreement. In many Instances, as with refiners, the marketer will own the station and the franchise agreement will Include the lease of the station. Like a refiner, a marketer may also decide to sell the product at a station or outlet he owns and operates. Such stations...
Page 16 - Subparagraph (B) of section 613A(c)(9) (relating to exceptions to the transfer rule) is amended by striking out "or" at the end of clause (i), by striking out the period at the end of clause (ii) and inserting in lieu thereof ", or", and by adding at the end thereof the following new clause: "(iii...
Page 48 - Title -2III which prohibited subsidization of downstream operations with upstream profits. That provision was dropped in the House committee markup, but was retained in a modified version by the Senate Energy Committee . The full Senate deleted Title III and substituted in its place a study of the problem by the Department of Energy. Clearly , while final language was never approved , the interlinking of price and supply is not a new concept within the parameters of the Petroleum Marketing Practices...
Page 19 - I look forward to hearing from our witnesses today, and I look forward to discussing these issues and the way we can address prevention needs for the future.
Page 46 - Secatore's, Inc. v. Esso Standard Oil Co., 171 F. Supp. 665 (D. Mass. 1959) (claim that plaintiff could increase its profits by the amount of the differential was speculative).
Page 189 - ... franchise relationship is likely to be uneconomical to the franchisor despite any reasonable changes or reasonable additions to the provisions of the franchise which may be acceptable to the franchisee...