New York State Automotive Aftermarket Association INDUSTRY NEWS TODAY CARL PERSON WINS MAJOR ROBINSON PATMAN CASE Coalition for a Level Playing Field attorney Carl Person recently won a major lawsuit against WalMart, Sam's Club and the Goodyear Tire & Rubber Company. The suit was filed on the basis that Goodyear was selling tires oflike grade and quality to the plaintiff's competitor at a lower price than that sold to the plaintiff by providing them with volume discounts, rebates, various merchandise rebates, free tires, incentjve programs, advertising and promotional payments, and other benefits not provided on an equal basis to the plaintiff. Sound familiar? The court held that WalMart and Sam's Club's private brand operations are illegal. Fortune magazine will be doing a story on the decision and Tire World will do a major lead story. The Coalition For a Level Playing Field is very much alive and doing very well. MOST RIGHT TO REPAIR SUPPORTERS RETURNING TO CONGRESS  As the dust settles from the 2004 elections, the vast majority of legislators supporting the Motor Vehicle Owners' Right to Repair Legislation (H.R. 2735/S.2138) will be returning to Washington, D.C. next year. Of the 116 sponsors in the House, only 15 will not return. In the Senate, only one sponsor will not return.  Right to Repair Legislation will need to be reintroduced in both the House and Senate next year due to the fact that a new Congress will be convening in January. Therefore, the industry once again will want to contact their elected officials, whether currently a sponsor or not, to urge them to sign onto the new bill when it is introduced during the 10gth Congress. COALITION FILES NEW LAWSUIT: MANUFACTURERS INCLUDED WITH RETAILERS  The Coalition for a Level Playing Field has filed its second lawsuit in its ongoing battle with major aftermarket retailers and manufacturers over what it clainis is unfair pricing relationships negatively affecting the Coalition's so-called traditional distribution members. Manufacturers named in the suit include AC-Delco, Honeywell, Arvin-Meritor, Ashland/Valvoline, BorgWarn~r, Cardone, Cypress, Dana, FordIMotorcraft, Mark IV, Standard Motor Products, Pennzoil-Quaker State and Tenneco. Retailers.include AutoZone, Discount Auto Parts/Advance Auto Parts and WalMartlSam's Club.  This suit is based on the Sarbanes-OxleyAct, a 'corporate governance statute" with specific financial reporting and oversight rules specific to public traded entities. 210 Lemoyne Ave, Suite B Syracuse, New York 13208 Tel. 800-888-6929 mlord@nysaaa.net      Copyright © NYSAAA