Tortious Interference with Dealer Relationships (Unfair Competition)
Some people refer to it as “windshield time.” Hour after hour, mile after mile, you drive from place to place making sales calls on dealers you hope to land, and service calls on dealers already in the fold. Maybe you enjoy it, and maybe you don’t, but you realize that in this business, there is no better way to get things done.
You may not “own” your dealer relationships in any technical sense, but each relationship embodies your past efforts to make the relationship take root as well as your current efforts to make the relationship grow and mature. Each relationship represents a significant investment—your investment—that you hope and expect will pay dividends over time.
So what happens when someone who hasn’t made the investment nevertheless tries to get between you and your dealer? What happens when someone tries to take for themselves the dividends you’ve earned? What happens if your administrator tries to take the business direct and cut you out of the mix?
Although nothing prohibits fair competition, there are prohibitions against other persons or entities competing against you unfairly. Example of unfair competition include:
- Using your confidential pricing information to undercut your price to the dealer
- Misrepresenting facts about you or your business to the dealer
- Misrepresenting facts about them or their business to the dealer
- Acting in violation of an existing agreement
If you believe you have been the victim of unfair competition, you may have a right to relief. Please give us a call and let us analyze your unique situation. There is no charge for the initial consultation.