2019 Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 6 - Business Practices
Chapter 75 - Unfair Practices
Subchapter 4 - Automobile Dealer's Anti-Coercion Act
§ 4-75-411. Unlawful Subsidies or Discrimination

Universal Citation: AR Code § 4-75-411 (2019)
  • (a) It shall be unlawful for any person who is engaged, directly or indirectly, in the manufacture or wholesale distribution of motor vehicles to pay or give or to contract to pay or give any subsidy to any person, other than an automobile dealer or automobile distributor, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state or to discriminate in favor of or against any person, other than an automobile dealer or automobile distributor engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state, if the effect of any such subsidy or discrimination may be to lessen or eliminate competition or to create or tend to create a monopoly in the person or class of persons who receive the subsidy or who are benefited by the discrimination.

  • (b) It shall be unlawful for any person other than an automobile dealer or automobile distributor who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state to accept or receive or contract or agree to accept or receive, either directly or indirectly, any subsidy or the benefit resulting from any discrimination as set forth in subsection (a) of this section from any person engaged, directly or indirectly, in the manufacture or wholesale distribution of motor vehicles if the effect of the acceptance or receipt of any such subsidy or benefit may be to lessen or eliminate competition or to create or tend to create a monopoly in the person or class of persons who receives the subsidy or who is benefited by the discrimination.

  • (c) It shall be unlawful for any person other than an automobile dealer or automobile distributor who accepts or receives, either directly or indirectly, any subsidy or the benefit resulting from any discrimination as set forth in subsection (b) of this section or contracts, either directly or indirectly, to receive any such subsidy or benefit to thereafter finance or attempt to finance the purchase or sale of any motor vehicles or buy or attempt to buy any conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail in this state.

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