that Buchanan was charging GTO more for gas than it charged its own customers for gas at its company owned station located less than one-quarter of a mile from GTO’s station. The court found that it was unlikely that GTO could effectively compete under those circumstances and that Buchanan’s fuel pricing practices corroborated GTO’s claim that Buchanan was attempting to force it out of business. The court concluded that GTO had produced sufficient evidence to suggest that it had a reasonable chance of prevailing on the merits of its PMPA claim, so the court granted GTO’s request for a preliminary injunction. While each dealer’s situation is unique, the Tiller and GTO cases illustrate that the PMPA can afford some protection to dealers who are faced with rent increases and fuel pricing practices that make it impossible to make a profit. The PMPA claim will be strengthened if there is independent evidence that the franchisor is trying to force the dealer out of business. Dealers faced with this situation should consult with an attorney experienced in pursuing claims under the PMPA. n
contrary to the intent and purpose of the PMPA, so the court granted the dealers’ motion for preliminary injunction. Second, in the case of GTO Investments, Inc. v. Buchanan Energy, 2012 WL 714802 (N.D. with its franchisor (Buchanan) due to the new rent, gasoline pricing, and other terms in the new lease. As a result, Buchanan issued a notice of nonrenewal, and GTO sought a preliminary Ill. 2012) the dealer (GTO) refused to sign a new lease injunction. The new lease in question contained unspecified rent amounts for the second and third years which a representative of Buchanan stated could be $20,000, $30,000, or $40,000, as determined by Buchanan. The proposed rent was presented on a “take it or leave it” basis. And as in the Tiller case, the new lease was applied uniformly to Buchanan’s franchisees. However, GTO submitted affidavits from other Buchanan dealers suggesting that, even though the terms were uniform, they may have had the effect of “squeezing out” several of Buchanan’s dealers from the market. GTO also alleged that Buchanan was charging discriminatory and uncompetitive prices for fuel, and specifically,
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