Toledo Mack Sales and Services has filed a lawsuit against Mack Trucks, claiming unfair competition that allegedly violates federal antitrust laws and state dealer protection laws.
The suit claims that Mack sought “to restrict, destroy and ultimately take over Toledo Mack's business through unfair competition, price discrimination, and customer allocation.”
It alleges that Mack entered into agreements to divide markets and allocate customers in an attempt to eliminate competition from Toledo Mack and other deep discount Mack truck dealers.
According to the lawsuit, the end result was that buyers in the markets for heavy-duty vocational trucks and heavy-duty low cab over engine trucks overpaid for those types of trucks. The lawsuit also alleges that Mack improperly sold trucks directly to Toledo Mack's competitors and potential customers on more favorable terms than Mack Trucks made available to Toledo Mack. This violated the Ohio and Michigan motor vehicle dealer protection laws and the Robinson Patman Act. Toledo Mack is seeking damages in excess of $1 million.
When contacted for comment, Mack officials told Truckinginfo.com that the litigation is ongoing and Mack believes the suit is without merit.
Industry insiders predict that more of this kind of suit are possible as part of the shake-out from the Mack/Volvo merger.
Dealer Sues Mack For Unfair Competition
Toledo Mack Sales and Services has filed a lawsuit against Mack Trucks, claiming unfair competition that allegedly violates federal antitrust laws and state dealer protection laws
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