Antitrust Law Daily Wrap Up, FRANCHISING & DISTRIBUTION: Kia Dealer Asserts Termination Unlawful, (Jun 4, 2013)
Law Firms Mentioned:Updike, Kelly and Spellacy, P.C.
Organizations Mentioned:GKI, Inc. d/b/a Gengras Kia of East Hartford | Kia Motors America | Kia Motors America Inc. | Updike Kelly & Spellacy, PC
By William Zale, J.D.
A Connecticut Kia dealer has sued Kia Motors America alleging unlawful termination and price discrimination under the Connecticut motor vehicle dealer law. The complaint in GKI, Inc. v. Kia Motors America Inc. was filed in the federal district court in New Haven on June 3, 2013.
The dealer alleges that Kia’s notice of termination—stating that the dealer failed to vigorously and aggressively promote, solicit and make sales of Kia Products under the dealer agreement—lacks good cause and is prohibited under C.G.S §42-133v. The dealer asserts price discrimination on the theory that Kia’s incentive programs are not reasonably and practically available to all dealers on the same or proportionately equal basis in violation of C.G.S § 42-133cc(19). The dealer also alleges breach of contract, breach of the covenant of good faith and fair dealing, and breach of fiduciary duty.
The dealer requests relief including a determination that the threatened termination is invalid, as well as an award of damages, attorney’s fees, costs.
The case is No. 3:13-cv-00798-JBA.
Attorneys: Evan Goldstein (Updike, Kelly and Spellacy, P.C.) for GKI, Inc. d/b/a Gengras Kia of East Hartford.
Companies: GKI, Inc. d/b/a Gengras Kia of East Hartford; Kia Motors America Inc.
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