Index No. CV 00 0953 - FILED FEBRUARY 16, 2000
(Jury Demand)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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COALITION FOR A LEVEL PLAYING FIELD, LLC, ROBERT ELGART & SON INC., AMELIA'S AUTOMOTIVE, INC., GLO AUTO SUPPLY, INC., DIXIE DIGGS AUTO PARTS, MOTOR SUPPLY CORP., M. NOVICK TRUCK SUPPLIERS, HENRY GARCIA'S ENTERPRISES, INC., CITIZENS AUTO PARTS, INC., SOUTH AUSTIN AUTO SUPPLY, INC., H & M PARTS WAREHOUSE OF VA., INC., GIL'S AUTO PARTS, S&L AUTO SUPPLY, INC., ARCAND SALES & SERVICE, INC., HLR SHOCKS, INC., M & M AUTO PARTS, INC., A & G AUTO PARTS, INC., JOE SACKETT & SONS, INC., MID-CITY AUTOMOTIVE WAREHOUSE, INC., PELLETIER'S AUTOMOTIVE, INC., KEEN'S AUTOMOTIVE MACHINE SHOP, INC., TAYLOR AUTO SUPPLY, INC., THE BILL HEBERT CO., INC. HEBERT AUTO SUPPLY OF CONCORD, L.L.C., WESSON'S MOBIL, INC., TOWNE AUTO PARTS, INC., AUTOMOTIVE HARD PARTS, INC., B. & H. AUTO SUPPLY, INC., RITCHIE AUTO PARTS, INC., BRAINTREE AUTOMOTIVE SUPPLY, AUTO PARTS & EQUIPMENT CO., EASTERN˙AUTO PARTS, INC., RACER'S EQUIPMENT WAREHOUSE, INC., THE DRIVER'S SEAT, INC., COLUMBIA AUTO PARTS CO., INC., KNOX BROS., INC., WEATHER'S AUTO SUPPLY, INC., DUSENBERY'S, AIRPORT AUTO SUPPLY, INC., CARMAC, INC., AUTOMOTIVE SUPPLY ASSOCIATES, INC., BURLINGTON COUNTY AUTOPARTS, INC., U.S.A. AUTO PARTS CORP., SPEED EQUIPMENT CORP., PEMA ASSOCIATES, INC., THE BELSHE CO., INC., PERRY'S AUTO PARTS, & EQUIP. CO., INC., CHICOPEE AUTOMOTIVE WAREHOUSE, INC., VALLEY AUTOMACHINE, STEWART'S SPEEDOMETER & AUTO PARTS, AUTOMOTIVE WAREHOUSE, INC. OF LAKELAND, WAL, INC., SUPERIOR MOTOR PARTS, INC., CASH AUTOMOTIVE, INC., T. I. MANAGEMENT CO., THE MILLER DUDLEY CO., INC. OF MD., PREVATTE AUTO PARTS, INC., PREVATTE AUTO SUPPLY, INC., AUTOMOTIVE PARTS WAREHOUSE, INC., ED SCHROEDER'S AUTO PARTS, INC., LACAVA & SOWERSBY, INC., OWENBY AUTO PARTS, INC., EASTON ELECTRICAL DEVICES, INC., GRAFFMAN'S, INC., PAGA, INC., ALCO AUTO PARTS CO., INC., AVENUE AUTO PARTS, INC., GEMINI OF WESTMONT, INC., CEE-KAY AUTO SUPPLY, INC., APW CO., POTTSTOWN AUTO PARTS, INC., GILBERTSVILLE AUTO SUPPLY, SRC AUTO PARTS, INC., BIRDSBORO AUTO PARTS, INC., MORGANTOWN AUTO PARTS, INC., HYDE VILLA AUTO PARTS, INC., READING AUTO PARTS, INC., HAMBURG AUTO PARTS, INC., POTTSVILLE AUTO PARTS, INC., POTTSVILLE AUTO PARTS, PARTS SERVICE LLC, SHENANDOAH AUTO PARTS, INC., ONE STOP AUTO PARTS, INC., GOFFSTOWN AUTO PARTS, INC., MIDWEST WAREHOUSE CORPORATION, AUTO TECH AUTO PARTS, INC., MIAMI AUTO PARTS, INC., EAST SIDE PARTS, INC., STURM AUTO PARTS, INC., 1 STOP AUTO CENTER, INC., WEBSTER PARTS, INC., NATIONAL AUTOMOTIVE, INC., BEST AUTO SUPPLY, INC., BACHELDERS' AUTOMOTIVE DISTRIBUTORS, INC., NORTH SHORE METALS, INC., MARTY'S AUTO SUPPLY, INC., E & S AUTO PARTS, INC., IRVING LEVINE AUTOMOTIVE DISTRIBUTORS INC., LEVINE AUTOMOTIVE, INC., LEVINE PAINT & AUTO SUPPLY, INC., DYKE, INC., B & B AUTOMOTIVE SUPPLY, INC., MARICLARE, INC., MADER AUTOMOTIVE CENTER, INC., SUBURBAN AUTO SUPPLY, INC., DYKE MOTOR SUPPLY CO., WEST INC., HOFFMAN AUTO PARTS, JOYCE'S AUTOMOTIVE SUPPLY, INC., JOYCE AUTO PARTS OF MT. AIRY, INC., NELSON TRUCK EQUIPMENT CO., INC., TITAN TRUCK EQUIPMENT CO., INC., WEATHERS AUTO SUPPLY, INC., NATIONAL AUTO PARTS, INC. OF APPOMATTOX, CROWN AUTOMOTIVE DISTRIBUTORS, LTD., POQUOSON AUTO PARTS, STEVE'S AUTO PARTS, INC., MILLENIUM AUTOMOTIVE LOGISTICS, INC., SOUTHPORT AUTO & MARINE, INC., NAPA CLOVER AUTO PARTS, INC., RALPH A. DICKSON, JR., RALPH A. DICKSON, III, JANICE D. MERCER, WENDELL WHELCHELL, ASSOCIATE JOBBERS WAREHOUSE, INC., KEN WASHINGTON AUTO PARTS, INC., SPRINGFIELD AUTO SUPPLY, INC., CAMBRIDGE FOUR STAR, INC., WILLARD C. STARCHER, INC., LAND & LAKE WHOLESALE SUPPLY, INC., PIONEER AUTO CENTER, INC., WORKMAN'S AUTO PARTS, INC., WORKMAN'S AUTO PARTS OF HARTVILLE, INC., WORKMAN'S PORTAGE LAKES AUTO PARTS, INC., MET'S AUTO SUPPLY, INC., BUCKEYE AUTO PARTS, INC., TOLEDO AUTO ELECTRIC, INC., HOPKINS AUTO SUPPLY, INC., THRIFTY AUTO SUPPLY, INC., M&B, INC., PULASKI AUTO SUPPLY, INC., AURORA NATIONAL AUTO PARTS, A & T ENTERPRISES, INC., SIGGS AUTO PARTS, RODEFELD CO., INC., RODEFELD'S OF BROOKVILLE, INC., RODEFELD'S OF CELINA, INC., RODEFELD-EATON CO., INC., RODEFELD'S OF GREENVILLE, INC., RODEFELD'S OF LIBERTY, INC., RODEFELD-NEW CASTLE, INC., RODEFELD'S OF OXFORD, INC., RODEFELD'S OF PORTLAND, INC., RODEFELD'S OF SHELBYVILLE, INC., RODEFELD'S OF VANWERT, INC., RODEFELD'S OF WINCHESTER, INC., WAREHOUSE SERVICE CO., INC., A TO Z AUTO PARTS #2, INC., AUTO PARTS & SUPPLY, INC., PARTNERS AUTO PARTS, INC., DOC MEYER AUTO SUPPLY, INC., WALLACE, WALLACE & WALLACE, INC., L. J. HUTCHINS AUTOMOTIVE SUPPLY, INC., CENTRAL AUTOMOTIVE WAREHOUSE CORP. W. L. GREENFIELD CORP., WYAN PARTS & SERVICE, INC., HOMESTEAD AUTOMOTIVE SUPPLY, STEVE'S AUTO SUPPLY, INC., BURNS AUTOMOTIVE PARTS, INC., BARLEX, INC., MANNY'S AUTO SUPPLY, INC., 47TH STREET AUTO PARTS, INC., RMP AUTO PARTS OF TEXAS, INC., MIDDLE ATLANTIC WAREHOUSE DISTRIBUTOR, INC., WAREHOUSE DISTRIBUTOR, INC., STAR AUTOMOTIVE WAREHOUSE, INC., ASPA MANAGEMENT CORP., PARAMOUNT AUTO PARTS, INC., COFFELT ENTERPRISES, INC., SISSON DISTRIBUTING CO., and GENERAL AUTO REPAIR, INC.,
Plaintiffs,
-against-
AUTOZONE, INC., WAL-MART STORES, INC., ADVANCE STORES COMPANY, INC., CSK AUTO, INC., DISCOUNT AUTO, INC., THE PEP BOYS - MANNY, MOE AND JACK, INC., O'REILLY AUTOMOTIVE, INC., and KEYSTONE AUTOMOTIVE OPERATIONS, INC.,
Defendants.
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Plaintiffs, by their attorney, as and for their complaint, respectfully allege:
1. This controversy involves Sections 1, 4, 4B, 12 and 16 of the Clayton Act (15 U.S.C. Sections 12, 15, 15B, 22 and 26); and Sections 2(a), 2(c) and 2(f) of the Robinson-Patman Act, 15 U.S.C. Sections 13(a), 13(c) and 13(f), and 28 U.S.C. Section 1337.
2. This Court has original jurisdiction over the antitrust claims under 28 U.S.C. Section 1337(a), as hereinafter more fully appears.
3. More than 100 plaintiffs, as warehouse distributors ("WD's") and/or jobbers in the automotive parts and accessories aftermarket throughout the United States, are suing 8 of the top chain-store distributors of the same goods for inducing and knowingly receiving volume discounts, rebates, slotting and other allowances, fees, free inventory, sham advertising and promotional payments, and a share in the manufacturers' profits, and excessive payments for services purportedly performed for the manufacturers, which have enabled the defendants to buy their goods from manufacturers at approximately 40% less than the price paid by the plaintiffs (or their suppliers) when purchasing from the same manufacturers. The manufacturers are selling at, near or below cost to the defendants, and making up this lack of profitability by selling the same goods to the plaintiffs (or their suppliers) at prices per unit equal to about 167% of the price paid by defendants.
4. As a result, the defendants are able to and do sell these goods, temporarily, at prices lower than available from plaintiff jobbers (and often at prices lower than the amount paid to the manufacturer by the WD servicing the jobber). This discrimination in price has caused thousands of the WD and jobber competitors of the defendants to go out of business during the past 5 years, and is threatening business closure to each of the plaintiff WD's and jobbers who are still in business. In the long run, the Manufacturers will lose their profitable business and be put out of business themselves when defendants are the only significant customers the Manufacturers have left.
5. The defendants, as discounters taking the business away from plaintiffs with their lower prices, are not beneficial to consumers with their activities. As soon as the defendants eliminate the competition in an area, the defendants increase their prices to substantially higher levels to reflect the lack of competition, as has happened in Alabama. Defendants, or some of them, do not have a single price list for each store, but use different price lists depending on the extent of remaining competition, using the monopolistic profits from one area to subsidize sales, at lower prices, in the more competitive geographic markets.
6. Plaintiffs seek approximately $1 billion in damages (including the statutory trebling) and a permanent injunction prohibiting defendants from committing further violations of the Robinson-Patman Act and from opening up any further branches to compete with plaintiffs as long as defendants continue to violate the Act.
7. Plaintiff, Coalition for a Level Playing Field, L.L.C. (the "Coalition"), a New Hampshire corporation was formed in 1998 for the purpose of eliminating the discriminatory pricing system in the automotive parts and accessories aftermarket. Under this system, the major chain store retailers are buying inventory at substantially lower prices than paid by plaintiffs or plaintiffs' suppliers to the same Manufacturers.
8. The founding members of the Coalition are the following six trade associations for warehouse distributors and jobbers in the automotive parts and accessories aftermarket: (i) Automotive Wholesalers Association of New England, Inc., (ii) Automotive Wholesalers of Texas, (iii) New Mexico Automotive Parts & Service Association, (iv) New York State Automotive & Accessories Association, (v) Pennsylvania Automotive Parts Association, and (vi) Virginia Automotive Parts & Service Association.
9. The Coalition seeks injunctive relief against each of the defendants, but no monetary damages. Each of the other plaintiffs seeks monetary damages and injunctive relief against each of the defendants identified in paragraph 10 below, under the heading "Defts", at the end of the line on which the plaintiff is listed.
10. In addition to the Coalition, the following entities are also plaintiffs (designated under "DL" as either "J" for Jobber or "W" for Warehouse Distributor):[fn#1]
[Start of Footnotes 1-6 for List of Plaintiffs below:]
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1. An alphabetized list of the plaintiffs listed under paragraph 10 above is set forth as Appendix A hereto.
2. Affiliated plaintiffs have the same number with
consecutive letter suffixes (e.g., 87a, 87b, 87c, 87d).
3. "DL" refers to the primary distribution level of the plaintiff (i.e., either WD or jobber), but many of the jobber plaintiffs purchase directly from some Manufacturers, and many WD plaintiffs are also jobbers.
4. "Defts" sets forth the specific defendants (and 1 Wal-Mart division) from which the plaintiff seeks monetary damages and injunctive relief. ("AZ" = AutoZone; "W" = Wal-Mart; "S" = Sam's Club; "AA"=Advance Auto; "C" = CSK; "D" = Discount Auto; "P" = Pep Boys; "O" = O'Reilly; and "K" = Keystone Automotive).
5. Plaintiff has ceased doing business.
6. [87d-87g] Shareholder holding a percentage of the assets of one or both of liquidated corporations NAPA Gaffney Auto Parts, Inc. (a South Carolina corporation) and Genuine Parts, Inc. (a North Carolina corporation).
[End of Footnotes 1-6.]
No.[fn#2], Name of Plaintiff, Address, City, St, Inc, DL[fn#3], Defts[fn#4]
1 Robert Elgart & Son Inc., 2520 Church St, Philadelphia, PA, PA, W, AZ W S AA P K
2 Amelia's Automotive, Inc., 2918 Roosevelt, San Antonio, TX, TX, J, AZ W S AA P O
3 GLO Auto Supply, Inc., 501 Kempsville Rd, Chesapeake, VA, VA, J, AZ W S AA P
4 Dixie Diggs Auto Parts, 400 N. King St., Hampton, VA, VA, J, AZ W S AA P
5 Motor Supply Corp., 508 Lawndale Dr., Pearlsburg, VA, VA, J, AZ W S AA
6 M. Novick Truck Suppliers, 30 Commercial St., Winchester, VA, VA, W, AZ W AA P
7 Henry Garcia's Enterprises, Inc., 301 North King St., Alice, TX, TX, J, AZ W S
8 Citizens Auto Parts, Inc., 4408 Wms'burg Rd, Richmond, VA, VA, J, AZ W AA
9 South Austin Auto Supply, Inc., 2801 Manchaca Rd, Austin, TX, TX, J, AZ W P O
10 H & M Parts Warehouse of Va., Inc., 1723-31 Summit Ave, Richmond, VA, VA, W, AZ W AA P
11 Gil's Auto Parts, 5408 Forest Brook Dr, Richmond, VA, VA, J, AZ W S AA P
12 S&L Auto Supply, Inc., 373 River St., Montpelier, VT, VT, J, WM AA
13 Arcand Sales & Service, Inc., 229 Brighton Ave., Allston MA, MA, W, AZ W S P
14 HLR Shocks, Inc., 3601 Roosevelt, San Antonio, TX, TX, J, AZ W S AA P O
15 M & M Auto Parts, Inc., 330 N. Weatherly, Borger, TX, TX, J. AZ W S AA
16 A & G Auto Parts, Inc., 75 Main Street, Monroe, CT, CT, J, AZ S AA P
17 Joe Sackett & Sons, Inc., 123 North Royal Av, Front Royal, VA, VA, J, AZ W AA P
18 Mid-City Automotive Warehouse, Inc., 937 Ave Del Sol NE, Albuquerque, NM, NM, W, AZ W S C P
19 Pelletier's Automotive, Inc., 293 Pine St., Attleboro, MA, MA, J, AZ W AA P
20 Keen's Automotive Machine Shop, Inc., 1802 S. Church St., Smithfield, VA, VA, J, AZ W S AA P
21 Taylor Auto Supply, Inc., 239 Cattail Drive, Lawrenceville, VA, VA, J, AZ W S AA
22a The Bill Hebert Co Inc.[fn#5], 15 Old Farm Rd., Bedford, NH, NH, J, AZ W S AA P
22b Hebert Auto Supply of Concord, L.L.C.[fn#5], 15 Old Farm Rd., Bedford, NH, NH, J, AZ W S AA P
22c Wesson's Mobil, Inc.[fn#5], 15 Old Farm Rd., Bedford, NH, NH, J, AZ W S AA P
23 Towne Auto Parts, Inc., 780 Worcester St., Natick, MA, MA, J, AZ S
24 Automotive Hard Parts Inc., 199 Union St., Rockland, MA, MA, J, AZ W AA P
25 B. & H. Auto Supply, Inc., 19 Jackson St., Middleboro, MA, MA, J, AZ W P
26 Ritchie Auto Parts, Inc., P.O. Box 644, Norwood, NC, NC, J, AZ W S AA
27 Braintree Automotive Supply, 139 Howard St., Braintree, MA, MA, J, AZ W S P
28 Auto Parts & Equipment Co., 911 San Juan Blvd., Farmington, NM, NM, J, AZ W S C K
29 Eastern Auto Parts, Inc., 220 Felton St., Waltham, MA, MA, J, AZ W S P
30a Racer's Equipment Warehouse, Inc., 580 Waterman Ave., E Providence, RI, RI, W, AZ W P K
30b The Driver's Seat, Inc., 580 Waterman Ave., E Providence, RI, RI, J, AZ W P K
31 Columbia Auto Parts Co., Inc., 305 Webster Ave, Cambridge, MA, MA, J, AZ W S P
32 Knox Bros., Inc., 105 High Street, Belfast, ME, ME, J, AZ W S AA
33 Weather's Auto Supply, Inc., 23308 Airpark Dr., Petersburg, VA, VA, W, AZ W S AA P K
34 Dusenbery's [partnership], 112 West Chaco, Aztec, NM, NM, J, AZ W S C
35 Airport Auto Supply, Inc., 4803 Airport Blvd, Austin, TX, TX, J, AZ W S AA P O
36 Carmac, Inc., 1397 E. Main St., Torrington, CT, CT, J, AZ W AA P K
37 Automotive Supply Associates, Inc., 129 Manchester St., Concord, NH, NH, W, AZ W S AA P K
38 Burlington County Auto Parts, Inc., 688 High Street, Burlington, NJ, NJ, J, AZ W S AA P
39 U.S.A. Auto Parts Corp., 9699 Academy Rd., Philadelphia, PA, PA, J, AZ W S P
40 Speed Equipment Corporation, 2535 Street Rd., Bensalem, PA, PA, J, AZ W S P K
41 Pema Associates, Inc., 348 King Street, Northampton, MA, GA, J, AZ W AA
42 The Belshe Co., Inc., 721 Gross Rd., Mesquite, TX, TX, J, AZ W S P O K
43a Perry's Auto Parts & Equip. Co., Inc., 365 Chicopee Street, Chicopee, MA, MA, J, AZ W S AA P
43b Chicopee Automotive Warehouse, Inc., 367 Chicopee Street, Chicopee, MA, MA, J, AZ W S AA P
44 Valley Automachine, 1115 W. Main St., Waynesboro, VA, __,, J, AZ AA K
45 Stewart's Speedometer & Auto Parts, a partnership, 112 South 3rd St., Youngwood, PA, ___, J, AZ W AA P
46 Automotive Warehouse, Inc. of Lakeland, 611 Alicia Rd., Lakeland, FL, FL, W, AZ W S AA P D
47 WAL, Inc., 459 Washington St., Providence, RI, RI, W, AZ W S AA P K
48 Superior Motor Parts, Inc., 1125 Calle La Resolana, Santa Fe, NM, NM, J, AZ W S C P
49a Cash Automotive, Inc., 425 So. Reynolds, Alice, TX, TX, W, AZ W S P O
49b T. I. Management Co.[fn#5], 425 So. Reynolds, Alice, TX, TX, W, AZ W S P O
50 The Miller Dudley Co. Inc. of Md., 116 Ritchie Rd., Capitol Hts, MD, MD, J, AZ W S P
51a Prevatte Auto Parts, Inc., 422 Watts Rd., Lumberton, NC, NC, W, AZ W S AA K
51b Prevatte Auto Supply, Inc., 422 Watts Rd., Lumberton, NC, NC, W, AZ W S AA K
52 Automotive Parts Warehouse, Inc., 10 Embankment Rd., Lawrence, MA, MD, W, AZ W S P
53 Ed Schroeder's Auto Parts, Inc, 49 E. Broad St., Hopewell, NJ, NJ, J, AZ W S AA P K
54 Lacava & Sowersby, Inc., 1375 Plymouth Ave, Fall River, MA, MA, W, AZ W S P
55 Owenby Auto Parts, Inc., 815 West Pear St., Lakeland, FL, FL, J, AZ W S P D
56 Easton Electrical Devices, Inc., 913 Northampton St, Easton, PA, PA, W, AZ W S AA P K
57 Graffman's, Inc., 305 Madison Ave., Skowhegan, ME, ME, J, W S AA P
58 PAGA, Inc., , 67 W. Hollis Rd., Hollis, NH, MA, J, AZ W S AA P K
59 Alco Auto Parts Co., Inc., 288 Hyde Park Ave., Jamaica Plain, MA, MA, J, AZ
60 Avenue Auto Parts, Inc., 5300 Farrow Rd., Columbia, SC, SC, W, AZ W S AA P
61 [see 64b]
62 Gemini of Westmont, Inc., 206 Haddon Ave., Westmont, NJ, NJ, J, AZ W S AA P
63 Cee-Kay Auto Supply, Inc., 4949 Birney Ave., Moosic, PA, PA, W, AZ W S AA P
64a APW Co. , 2836 Creek Rd., Elverson, PA, PA, W, AZ W S AA P K
64b Pottstown Auto Parts, Inc., 206 Moser Rd., Pottstown, PA, PA, J, W P
64c Gilbertsville Auto Supply, 1141 Phila. Pike, Gilbertsville, PA, PA, J, W P
64d SRC Auto Parts, Inc., 3938 Ridge Park, Collegeville, PA, PA, J, AZ W P
64e Birdsboro Auto Parts, Inc., 702 S. Center Rd., Birdsboro, PA, PA, J, AZ W S AA P K
64f Morgantown Auto Parts, Inc., 100 West Main St., Morgantown, PA, PA, J, P
64g Hyde Villa Auto Parts, Inc., 215 Wilson St., Hyde Villa PA, PA, J, AZ W S AA P K
64h Reading Auto Parts, Inc., 315 North St., Reading, PA, PA, J, AZ W S AA P K
64i Hamburg Auto Parts, Inc., 1085 Pottsville Pk, Shoemakersville, PA, PA, J, AZ W S P K
64j Pottsville Auto Parts, Inc., 407 S. Garfield Ave., Schuylkill Haven, PA, PA, J, AZ AA K
64k Parts Service LLC, 864 W Lancaster Ave, Strafford, PA, PA, J, AZ P K
64l Shenandoah Auto Parts, Inc., 33 South Main St., Shenandoah, PA, PA, J, K
65 One Stop Auto Parts, Inc., 3417 Greenmount Ave , Baltimore MD, MD, J, AZ W S AA P K
66 Goffstown Auto Parts, Inc., 678 Mast Rd., Manchester, NH, NH, J, AZ W S AA P K
67a Midwest Warehouse Corporation, 701 N. Miller Ave., Marion, IN, IN, W, AZ W S AA P
67b Auto Tech Auto Parts, Inc., 695 N. Miller Ave., Marion, IN, IN, J, AZ W AA
67c Miami Auto Parts, Inc., 25 W. 2nd St., Peru, IN, IN, J, AZ
67d East Side Parts, Inc., 31st & Main St., Elwood, IN, IN, J, AZ
67e Sturm Auto Parts, Inc., 400 Poplar St., Huntington, IN, IN, J, AZ W
67f 1 Stop Auto Center, Inc., 821 E. 9th St., Rochester, IN, IN, J, AZ
67g Webster Parts, Inc., N. Main St., North Webster, IN, IN, J, AZ W S AA
67h National Automotive Inc. 6229 Cross Creek Blvd., Ft. Wayne, IN, IN, J, AZ W S AA P
68 Best Auto Supply, Inc., 215 Southgate Mall, Chambersburg, PA,
69 Bachelders' Automotive Distributors, Inc., 158 Marble St., Athol, MA, MA, J, AZ W S AA K
70 North Shore Metals, Inc., 45 Boston St., Lynn, MA, MA, J, AZ W S P K
71 Marty's Auto Supply, Inc., 271 Belmont St., Belmont, MA, MA, J, AZ W AA P
72 E & S Auto Parts, Inc., 3335 Market St., Twin Oaks, PA, PA, J, W P
73a Irving Levine Automotive Distributors Inc., 110 South St., Danbury, CT, CT, J, AZ S AA
73b Levine Automotive, Inc., 110 South St., Danbury, CT, CT, J, AZ S AA
73c Levine Paint & Auto Supply Inc., 110 South St., Danbury, CT, CT, J, AZ S AA
74a Dyke, Inc., 439 Washington Rd, Pittsburgh, PA, PA, __, AZ W S AA P K
74b B & B Automotive Supply Co., Inc., 439 Washington Rd., Pittsburgh, PA, PA, ___, AZ W S AA P K
75 Mariclare, Inc., 5400 East 96th St., Garfield Hts, OH, OH, W, AA W S AA P
76 Mader Automotive Center, Inc., 225 S. Walnut St., Troy, OH , OH, J, AZ W S AA
77 Suburban Auto Supply, Inc., 5083 S. Morrish Rd, Swartz Creek, MI, MI, J, AZ W S AA P
78 Dyke Motor Supply Co., West Inc., 1720 Noblestown Rd, Pittsburgh, PA, PA, J, W S AA P
79 Hoffman Auto Parts (a partnership), 6646 N. Orange Blossom Tr, Orlando FL, ___, J, AZ W P D
80a Joyce's Automotive Supply, Inc., 237 Starlite Rd, Mount Airy, NC, NC, W, AZ W SC AA P
80b Joyce Auto Parts of Mt. Airy, Inc., 237-B Starlite Rd, Mount Airy, NC, NC, J, AZ W SC AA P
81a Nelson Truck Equipment Co., Inc., 20063-84th Ave. So, Kent, WA, WA, J, AZ W S P
81b Titan Truck Equipment Co., Inc., N. 605 Francher Rd, Spokane, WA, WA, J, AZ W S P
82 Weathers Auto Supply, Inc., 5808-Q Long Creed Park Dr, Charlotte, NC, NC, W, AZ W S AA P K
83 National Auto Parts, Inc. of Appomattox, Hwy 460W, Appomattox, VA, VA, J, AZ W S AA
84 Crown Automotive Distributors, Ltd., 280 Plainfield St., Providence, RI, RI, J, AZ W S AA P K
85 Poquoson Auto Parts, 810 Poquoson Ave., Poquoson, VA, VA, J, AZ WM S AA P
86 Steve's Auto Parts, Inc., 259 West High St., Pottstown, PA, PA, J, W P
87a Millenium Automotive Logistics, Inc.[fn#5], P.O. Box 458, Gastonia, NC, NC, J, AZ W S AA
87b Southport Auto & Marine, Inc., P.O. Box 458, Gastonia, NC, NC, J, AZ W S AA
87c NAPA Clover Auto Parts, Inc., P.O. Box 458, Gastonia, NC, SC, J, AZ W S AA
87d Ralph A. Dickson, Jr.[fn#6], P.O. Box 458, Gastonia, NC, NC, J, AZ W S AA
87e Ralph A. Dickson, III[fn#6], P.O. Box 458, Gastonia, NC, NC, J, AZ W S AA
87f Janice D. Mercer[fn#6], P.O. Box 458, Gastonia, NC, NC, J, AZ W S AA
87g Wendell Whelchell[fn#6], P.O. Box 458, Gastonia, NC, NC, J, AZ W S AA
88 Associate Jobbers Warehouse, Inc., 1309 Indust'l Blvd, Boaz, AL, AL, W, AZ W S AA P D K
89 Ken Washington Auto Parts, Inc., 718 W Coshocton St, Johnstown, OH, OH, J, AZ W S AA P
90 Springfield Auto Supply, Inc., 1241 WColumbia St, Springfield, OH, OH, J, AZ W S AA
91a Cambridge Four Star, Inc., 1101 Turner Ave., Cambridge, OH, OH, J, AZ
91b Willard C. Starcher, Inc., 124 Van Dale Ave., Spencer, WV, WV, J, W AA
91c Land & Lake Wholesale Supply, Inc., 1301 Webster Rd., Sommersville, WV, WV, J, W AA
92 Pioneer Auto Center, Inc., 905 S. State St., Pioneer, OH 93a Workman's Auto Parts, Inc., 811 E. Cherry St., Canal Fulton, OH, OH, J, AZ W S AA
93b Workman's Auto Parts of Hartville, Inc., 118 No. Prospect, Hartville, OH, OH, J, AZ W S AA
93c Workman's Portage Lakes Auto Parts, Inc., 413 W. Turkeyfoot Road, Akron, OH, OH, J, AZ W S AA
94 Met's Auto Supply, Inc., 113 West Fourth St, Mansfield, OH, OH, J, AZ W S AA P
95 Buckeye Auto Parts, Inc., 130 W. South St., Fostoria, OH, OH, J, AZ W S AA
96 Toledo Auto Electric, Inc., 5015 Enterprise St., Toledo, OH, OH, W, AZ AA P K
97a Hopkins Auto Supply, Inc., 620 NE Kelly Ave., Gresham, OR, OH, J W C P
97b Thrifty Auto Supply, Inc., 620 NE Kelly Ave., Gresham, OR, WA, J, W C P
98 M & B, Inc., 1020 W. Maloney, Gallup, NM, NM, J, AZ W C P
99 Pulaski Auto Supply, Inc., 421 W. College St., Pulaski, TN, TN, J, AZ W AA
100 Aurora National Auto Parts, 22912 Highway 99, Edmonds, WA, ____, J, W S C P
101 A & T Enterprises, Inc., 1106 W. Main St., Centralia, WA, WA, J, W C
102 Siggs Auto Parts, 214 S Washington St, Iola, KS, ___, J, AZ W O
103a Rodefeld Co., Inc., 96 West Main St., Richmond, IN, IN, J, AZ W S AA
103b Rodefeld's of Brookville, Inc., 120 Harrison Road, Brookville, IN, IN, J, AZ W S
103c Rodefeld's of Celina, Inc., 443 West Logan St., Celina, OH, IN, J, AZ W S AA
103d Rodefeld-Eaton Co., Inc., 114 North Cherry St, Eaton, OH, OH, J, AZ W S AA
103e Rodefeld's of Greenville, Inc., 701 Walnut St., Greenville, OH, OH, J, AZ W S AA
103f Rodefeld's of Liberty, Inc., 201 North Main St., Liberty, IN, IN, J, AZ W S AA
103g Rodefeld-New Castle, Inc., 1451 S Memorial Dr, New Castle, IN, IN, J, AZ W S AA
103h Rodefeld's of Oxford, Inc., 5041 College Cor Pike, Oxford, OH, OH, J, AZ W S AA
103i Rodefeld's of Portland, Inc., 1205 N Meridian St, Portland, IN, IN, J, AZ W S AA
103j Rodefeld's of Shelbyville, Inc., 202 East Broadway, Shelbyville, IN, IN, J, AZ W S AA
103k Rodefeld's of Van Wert, Inc., 602 West Ervin Rd, Van Wert, OH, OH, J, AZ W S AA
103l Rodefeld's of Winchester, Inc., 637 E Washington St, Winchester, IN, IN, J, AZ W S AA
103m Warehouse Service Co., Inc., 455 North West J St, Richmond, IN, IN, W, AZ W S AA
104 A to Z Auto Parts #2, Inc., 8528 Watson Rd., St. Louis, MO, MO, J, AZ W S AA
105 Auto Parts & Supply, Inc., 226 Monticello Ave., W'msburg, VA, VA, J, AZ W S AA P
106 Partners Auto Parts, Inc., 501 Kempsville Rd, Chesapeake, VA, VA, J, AZ W S AA P
107 Doc Meyer Auto Supply, Inc., 402 West Dunklin, Jefferson City, MO, MO, ___, AZ W S AA O
108 Wallace, Wallace & Wallace, Inc., Rt. 2, Box 5168, Coldspring, TX, TX, J, AZ W S O
109 L. J. Hutchins Automotive Supply, Inc., 7500 Porter Rd., Niagara Falls, NY, NY, J, AZ W S AA P K
110 Central Automotive Warehouse Corp., 10 Braintree St., Allston, MA, MA, W, 111 W. L. Greenfield Corp., 1313 W Columbia St, Evansville, IN, IN, J, AZ W S AA P
112 Wyan Parts & Service, Inc., 42 Osceola Ave., Tallmadge, OH, OH, J, AZ W S AA
113 Homestead Automotive Supply, 846 Forest Ave., W. Homestead, PA, ___, J, AZ W S AA P K 114 Steve's Auto Supply, Inc., 145 Adams Ave., Canonsburg, PA, PA, J, W AA
115 Burns Automotive Parts, Inc., 235 Essex St., Haverhill, MA, MA, J, AZ W S AA P
116 Barlex, Inc., 675 S. 4th St., Beaumont, TX, TX, J, AZ W S O
117 Manny's Auto Supply, Inc., 840 Silas Deane Hwy, Wethersfield, CT, CT, J, AZ W S AA P
118 47th St. Auto Parts, Inc., 4950 So. Broadway, Wichita, KS, KS, J, AZ W S AA P O
119a RMP Auto Parts of Texas, Inc., 400 S. Freeway, Fort Worth, TX, TX, J, AZ W S AA C P O
119b Middle Atlantic Warehouse Distributor, Inc., 4130 Platinum Way, Dallas, TX, NY, W, AZ W S AA C P
119c Warehouse Distributor, Inc., 4130 Platnium Way, Dallas, TX, GA, W, AZ W S AA C P
119d Star Automotive Warehouse, Inc., 4130 Platinum Way, Dallas, TX, TX, W, AZ W S AA C P
120 ASPA Management Corp., 239 B East Main St, Patchogue, NY, NY, J, AZ W S P
121 Paramount Auto Parts, Inc., 1240 S. La Brea Ave., Englewood, CA, CA, J, AZ W S C P
122 Coffelt Enterprises, Inc., 1533 Swift St., N Kansas City, MO, ___, J, AZ W S AA O K
123 Sisson Distributing Co., Hwy 54, P.O.B. 206, Osage Beach, MO, ____, J, W S O
124 General Auto Repair, Inc., 4425 E. 14th St., Oakland, CA, CA, J, AZ W S C P
11. Defendant, AutoZone, Inc. ("AutoZone"), is a Nevada corporation incorporated in 1991 with its principal place of business at 123 S. Front St. Memphis, Tennessee 38103, and is doing business in New York, with 22 stores in western New York.
12. AutoZone is in the business of selling automotive parts to automotive owners and users, auto repair companies and to auto parts resellers.
13. AutoZone has approximately 2,796 retail stores in 40 states, with annual sales of approximately $3 billion.
14. Defendant, Wal-Mart Stores, Inc. ("Wal-Mart"), is a Delaware corporation with its principal place of business at 702 S.W. 8th Street, Bentonville, Arkansas 72716, and has a place of business at 1123 Jerusalem Avenue, Uniondale, New York.
15. Wal-Mart is in the business of selling goods of various types, including automotive parts to automotive owners and users, auto repair companies and to auto parts resellers.
16. Wal-Mart has approximately 2,485 retail stores (including 682 Wal-Mart Supercenters) throughout the United States, with annual sales of automotive parts and accessories amounting to approximately $3 billion, serving more than 100 million customers weekly in the 50 states.
17. Defendant Wal-Mart also operates Sam's Club ("Sams Club"), a division of Wal-Mart.
18. Sam's Club is in the business of selling goods of various types, including a limited line of automotive parts and accessories (including automotive oil) to automotive owners and users, auto repair companies and to auto parts resellers.
19. Sam's Club has more than 400 retail stores throughout the United States, with annual sales of automotive parts and accessories amounting to an estimated $750 million.
20. Defendant, Advance Stores Company, Inc., d/b/a Advance Auto Parts ("Advance"), is a Virginia with its principal place of business at 5673 Airport Road, Roanoke, Virginia 24012, and is transacting business in the State of New York.
21. Advance is in the business of selling automotive parts to automotive owners and users, auto repair companies and to auto parts resellers.
22. Advance has approximately 1,601 retail stores throughout the United States, with annual sales of approximately $2 billion. During 1999, Advance acquired through consolidation the Sear's chains of Western Auto and Parts America stores.
23. Defendant, CSK Auto, Inc. ("CSK"), is an Arizona corporation with its principal place of business at 645 E. Missouri Ave., Suite 400, Phoenix, Arizona 85012 and is transacting business in the State of New York.
24. CSK is in the business of selling automotive parts to automotive owners and users, auto repair companies and to auto parts resellers.
25. CSK has approximately 1,120 retail stores throughout 17 western states in the United States, with annual sales in excess of $1 billion. CSK is doing business under various names including Checker Auto Parts, Schuck's Auto Supply, Kragen Auto Parts, Big Wheel Rossi, Al's Auto Supply and Grand Auto Supply.
26. CSK owns and operates a website CSKAuto.com through its wholly-owned subsidiary CSKAuto.com, Inc., a Delaware corporation, and is making sales of automotive parts and accessories through an online catalog, shipping to anywhere in the United States. These activities compete with each of the plaintiffs.
27. Defendant, The Pep Boys - Manny, Moe and Jack, Inc. ("Pep Boys"), is a Pennsylvania corporation incorporated in 1961 with its principal place of business at 3111 W. Allegheny Avenue, Philadelphia, Pennsylvania 19132 and has a place of business at 1796 Atlantic Avenue, Brooklyn, New York.
28. Pep Boys is in the business of selling automotive parts to automotive owners and users, auto repair companies and to auto parts resellers.
29. Pep Boys has approximately 656 retail stores in approximately 38 states in the United States, with annual sales of approximately $2.4 billion.
30. Defendant, Discount Auto Parts, Inc. ("Discount"), is a Florida corporation with its principal place of business at 4900 Frontage Road South, Lakeland, Florida 33815.
31. Discount is in the business of selling automotive parts to automotive owners and users, auto repair companies and to auto parts resellers.
32. Discount has approximately 602 retail stores in the southeastern United States, with annual sales of approximately $600 million.
33. Defendant, O'Reilly Automotive, Inc. ("O'Reilly"), is a Missouri corporation incorporated in 1957 with its principal place of business at 233 S. Patterson, Springfield, Missouri 65802, and is transacting business in New York, New York.
34. O'Reilly is in the business of selling automotive parts to automotive owners and users, auto repair companies and to auto parts resellers. O'Reilly does business under the name O'Reilly Auto Parts.
35. O'Reilly has approximately 571 retail stores throughout the middle and southern areas of the United States, with annual sales of more than $700 million.
36. Defendant, Keystone Automotive Operations, Inc. ("Keystone"), is a Pennsylvania corporation with its principal place of business at 44 Tunkhannock Avenue, Exeter, Pennsylvania 18643, and is doing business in New York. During 1998, Keystone was acquired by G.E. Capital, Advent Company and Littlejohn & Company, Inc.
37. Keystone is in the business of selling automotive parts to automotive parts wholesalers, distributors, jobbers and auto repair companies, and delivers to 32 states.
38. Keystone has 9 distribution centers throughout the United States and Canada, and Keystone's estimated annual sales are $1,000,000. Keystone maintains a website, eKeystone.com for sales to jobbers and retailers, through its remote online catalog.
39. The defendants identified in paragraphs 11-38 above are hereinafter collectively referred to as the "defendants". Said defendants acted on a concerted basis with the automotive parts manufacturers supplying parts to the defendants and participated jointly and severally in the activities alleged in this complaint.
40. Each of the defendants functions as a WD for its own retail stores, and as such is in competition with the WD plaintiffs (who have named them as defendants) and the direct-purchasing plaintiff jobbers for the purchase and sale of automotive parts and accessories in said aftermarket, and sales made by each of the defendants represent the loss or possible loss of business for said plaintiff WD's and jobbers. This is the secondary-line competition between plaintiffs and defendants.
41. Each of the defendants also functions as a jobber as to, or for, its own retail stores, and as such is in competition with the plaintiff jobbers and WD's also functioning as jobbers (who have named them as defendants) for the purchase and sale of automotive parts and accessories in said aftermarket, and sales made by each of the defendants represent the loss or possible loss of business for said plaintiffs. This is the tertiary-line competition between plaintiffs and defendants.
41A. The WD plaintiffs compete with each of the defendants at one or more functional levels (secondary line competition) and the defendants compete with the WD and direct-purchasing jobber plaintiffs' customers for the sale of automotive parts and accessories to jobbers and end users (tertiary-line competition).
42. All sales by defendants using an internet website, now or in the future, are competitive with the plaintiffs to the extent that such sales are delivered into the geographic area from which the respective plaintiffs obtain their customers.
43. Plaintiffs hereby put defendants on notice that as the effects of internet website sales by defendants are better understood by plaintiffs, plaintiffs may seek leave to amend their complaint to enlarge the relief they now seek as to website sales to all of the WD and jobber plaintiffs, and to add any website subsidiaries of defendants as additional defendants.
The Automotive Parts and Accessories Aftermarket
44. The products involved are new and remanufactured automotive parts and accessories for sale after the automobiles and other vehicles have been built (called the "automotive parts and accessories aftermarket" or "automotive parts and accessories"), including
A. Repair parts (such as generators, starters, alternators, chassis parts, fuel injection components, hydraulic brake parts, ignition and emission components, complete engines, solenoids, drive shafts, differential gears, transmission gears, tie rods, seals, rings, pistons, cam shafts, water pumps, fuel pumps, oil pumps, spark plugs, shock absorbers, springs, and radiators, carburetors, brake shoes and pads, drums, heads, manifolds; distributors, points, and other electrical system components and assemblies; door and window handles, gaskets, gas caps, and assorted collision replacement parts;
B. Consumable items (such as windshield wiper fluid, motor oil, batteries, transmission oil, windshield wiper blades, headlamps, bulbs; body, tire and motor cleaning materials; sealants, antifreeze, gasoline additives, air filters, oil filters, gas filters, belts, hoses, and fan belts);
C. Automobile accessories ( tire rims, seat covers, mats, radios, CD players, radar detection devices, global positioning systems, other computerized automotive accessories, battery chargers, jumper cables, seat pads, steering wheel covers, decorative lights, gas cans);
D. Tools and manuals for automotive repairs (including repair manuals, wrench sets, other tool kits, battery testers, timing devices, hydraulic lifts);
E. Conversion parts (tool holder for pickup trucks, windshield wiper motor assemblies, stereo sound systems, hood shields);
F. High performance parts (including high performance heads, manifolds, cams, carburetors, superchargers);
G. Parts and accessories for vans and light trucks (including most of the items listed above); and
H. Automotive parts and accessories purchased for installation in new and used cars, vans and light trucks being sold by new-car and used-car dealers (such as radios, CD players, sound systems, global positioning systems, high performance springs, shocks or other parts);
but generally does not include tires, windshields or windows, major body parts such as new fenders, trunks, hoods, doors or chassis frames; gasoline, diesel oil, or used automotive parts (except for remanufactured parts).
45. The manufacturers of the parts and accessories described in paragraphs 44-A through 44-H above which have been selling such goods to the defendants at favorable, discriminatory prices include (but are not limited to) ACDelco division of General Motors Corp., ACI, Addco, Airtex Automotive Division, ATSCO, Autoline Industries, Inc., Bendix, Berryman Products, Inc., Bilstein, Brakeware, BWD Automotive Corporation, Cardone Industries, Castrol Industrial North America, Inc., Champion Laboratories, Inc., Clevite Engine Parts, Competition Cams, CST, Dana Corporation, Dayco Products, Inc., Diversified brands, Edelbrock, Federal-Mogul Corporation, Four Seasons Div. of Standard Motor Products, Inc., Fram, Go/Dan Industries, GoJo Industries, Inc., GMB, Hastings, Hayden Automotive, Holley, K&W Products, Loctite Corporation, McQuay-Norris Chassis Parts (Dana Corporation), Motormite/Dorman Manufacturing Division of R & B, Inc., Osram Sylvania Products, Inc., Philips, Purolator Products, Inc., Rayovac Corporation, Robertshaw, Solar, Standard Motor Products, Inc., TAAP, Tenneco Automotive, The Timken Company, Trico, Tridon, Tru-Torque, The Valvoline Company (a Div. of Ashland, Inc.), Wix Filtraton Products (Dana Corporation), and other manufacturers to be identified (hereinafter, the "Manufacturers").
46. A partial listing of the brand names (including some Manufacturers' names functioning as brands) of automotive parts and accessories being purchased by defendants in violation of the plaintiffs' rights under the Robinson-Patman Act include: A-1 Cardone, AC-Delco, American Generator, Anchor Industries, ASC, Auto Components (ACI), Autolite, RCA/National, Bendix Brakes, Borg Warner (BWD) (under the "Auto Tune" label), Bosch, Champ Laboratories, Champion Parts Rebuilders, Crankshaft Rebuilders, Dayco (under the "DriveRite" label), DSR Automotive, Dynagear, EIS, Engine Seal, Everco (under the "AutoTemp" label), Fedco, Federal Mogul, Fel Pro, Fram, Gabriel, General Switch Company, GNR, Go/Dan, G.P. Sorenson, IPI, Ideal, Imperial, Littlefuse, Motorcraft, Motormite, Neapco, Northstar, NGK, Osram/Sylvania Lighting, Perfection, Perfection/HYtest, Power Torque, Post Plus, Products for Power, Purolator, Qualitee, Quality Automotive, Remsa, Roberk, Saginaw, Sealed Power Engine Parts, Simco, Speed Clip, Standard Motor Products, Stant, Switches, Inc. (Div. of Federal Mogul), Trico, Tru Torque, TRW, TRW/Carter, Warn, W.A.W.D., Walker (under "Sound Solution" label), Wearever, Wolverine/TRENTrade, Worldwide/Import and Xact.
47. In some instances, the Manufacturer sells private label goods to the defendants which are otherwise identical (or of equal grade and quality) to the branded goods at substantially lower prices per unit, without making the private-label goods available to the plaintiffs or plaintiffs' suppliers.
48. Each of the defendants has conspired with the Manufacturers which sell to them, respectively, and the Manufacturers, as co-conspirators, in furtherance of the violations of the Robinson-Patman Act alleged herein, have made statements and admissions which are admissible in evidence against the respective defendants to whom they sell.
Product and Geographic Markets
49. The product market is the automotive parts and accessories aftermarket, as described in paragraphs 44-A through 44-H above, with the "aftermarket" referring to the market for such goods for automotive vehicles after they have been manufactured, such as for repair, customization, or for installation by a dealer prior to or after resale of the vehicle.
50. The geographic market for each plaintiff varies from plaintiff to plaintiff and from store to store of a single plaintiff, but generally will range from 2 to 25 miles for jobbers and for a radius of several hundred miles or more for warehouse distributors; and as to internet sales the geographic market is the entire United States.
51. Each of the WD and jobber plaintiffs, respectively, has designated one or more of the defendants in paragraph 10 above against whom the plaintiff seeks monetary damages, with each of such designated defendants having one or more stores, or making deliveries to customer locations, within the geographic market for the plaintiff. Each of such defendants has taken sales away from the designating plaintiff by reason of the discriminatory prices at which the defendant has been buying its goods from the Manufacturers.
52. The following definitions apply in this complaint:
A. "2-Step Distribution" refers to automotive parts and accessories sold by a Manufacturer to a WD, and from the WD directly to the end user. In this complaint, many of the plaintiffs are classified in paragraph 10 above as "jobbers" even though they buy directly from Manufacturers and to such extent of their businesses are 2-step distributors.
B. "3-Step Distribution" refers to automotive parts and accessories sold by a Manufacturer to a WD, and from the WD to a Jobber, and from the Jobber to the end user. In this complaint, many of the plaintiffs are classified in paragraph 10 above as "WD's" even though they distribute some of their purchased goods as jobbers.
C. "Buying Group" refers to an organization which buys automotive parts and accessories at discounts reflecting the combined purchasing power of the group's jobber membership, to obtain lower prices through such combination that the jobbers could each obtain for itself as a stand-alone jobber; but a Buying Group differs from a Program Buying Group by not offering its jobber members the opportunity to participate in any advertising or promotional allowance programs of the manufacturers from whom the group purchases are made. The prices paid by a Buying Group are generally substantially higher than the prices per unit paid by each of the defendants when purchasing the same goods from the same manufacturer. NAPA and CarQuest are Program Buying Groups with large memberships, each having several thousand jobber members.
D. "Independent", in referring to a WD or jobber, means a WD or jobber which is not owned by a major retailer of automotive parts such as any of the defendants or any other chain retailer of automotive parts and accessories having hundreds or thousands of retail stores in the United States. Generally, the jobber members of Program Buying Groups and Buying Groups are independent. O'Reilly, as an exception, is a member of a Program Buying Group but obtains discounts from Manufacturers in excess of the discounts obained by the group.
E. "Jobber" refers to an independent company which makes most of its purchases of automotive parts and accessories from Warehouse Distributors or W/D's, in what is known in the industry as a 3-Step Distribution (manufacturer to WD to jobber); the jobber resells the goods, as the "3rd step", to end users such as automobile, van and light truck owners and users and companies which service or repair automobiles, vans and light trucks. Many jobbers are also WD's in the sense that they buy some of their goods from Manufacturers and resell some of these goods to other jobbers. There is an increased blurring of the distinction between jobber and WD, particularly with the major chains performing the WD and jobber function for themselves.
F. "Manufacturer" refers to the supplier or other company which sells automotive parts and accessories to WD's, Program Buying Groups, Buying Groups and each of the defendants; and in many instances the "Manufacturer" does not actually make the goods itself and instead contracts with one or more independent contractors in or outside of the United States to manufacture the goods. The Manufacturers are listed in paragraph 45 above.
G. "Program Buying Group" refers to an organization which buys automotive parts and accessories at discounts reflecting the combined purchasing power of the group's jobber membership, to obtain lower prices through such combination that the jobbers could each obtain for itself as a stand-alone jobber, and through such group the jobber members participate in certain advertising and promotional allowance programs of the manufacturers from whom the group purchases are made. The prices paid by a Program Buying Group are generally substantially higher than the prices per unit paid by each of the defendants when purchasing the same goods from the same manufacturer.
H. "Warehouse Distributor" refers to independent companies who make most of their purchases of automotive parts and accessories from Manufacturers, in what is known in the industry as a "3-Step Distribution" (manufacturer to WD to jobber to end user) or "2-Step Distribution" (manufacturer to WD to end user); the WD resells the goods, as the "2nd step" of the 3-Step or 2-Step Distribution; end users are automobile, van and light truck owners and users and companies which service or repair automobiles, vans and light trucks. Many WD's are also jobbers in the sense that they sell some of their goods to end users. There is an increased blurring of the distinction between jobber and WD, particularly with the major chains performing the WD and jobber function for themselves.
I. "WD" refers to a Warehouse Distributor.
Distribution of Automotive Parts and Accessories in the Aftermarket
53. The manufacturers of the automotive parts and accessories for the aftermarket described in paragraphs 44-A through 44-H above distribute their goods throughout the United States in the following ways:
A. By direct sale to each of the defendants and other large retail chains, which resell the goods to automobile, van and light truck owners and users; companies which service or repair automobiles, vans and light trucks; some independent jobbers of automotive parts and accessories; such resales by the defendants are made from their retail stores, from their regional or local warehouses, or through internet websites.
B. By direct sale to independent warehouse distributors (called "Warehouse Distributors" or "WD's"), who generally resell the goods in a 3-Step Distribution to Jobbers, who resell as the "3rd step" to end users such as automobile, van and light truck owners and users and companies which service or repair automobiles, vans and light trucks), or in a 2-Step Distribution (to WD's who resell directly to the end user such as automobile, van and light truck owners and users and companies which service or repair automobiles, vans and light trucks); generally speaking, the Warehouse Distributors resell to approximately 100 to 1,000 Jobbers (in a 3-Step system). The Jobbers resell to hundreds or thousands of owners/users and companies which repair or service automobiles, vans and light trucks, who charge the ultimate customer for the installed automotive parts and accessories.
54. From the standpoint of a person needing a part or accessory for his automobile, van or light truck, he has the option of purchasing it
A. from a nearby retail outlet of a chain store (such as AutoZone, Wal-Mart, Advance, CSK, Discount, Pep Boys, O'Reilly or Keystone) (which the consumer often calls, except for Wal-Mart, an "auto supply store");
B. from a nearby retail outlet of a Jobber (which the consumer often calls an "auto supply store", often bearing the name NAPA, CarQuest or Auto Pro); or
C. from a nearby automobile, van or light truck repair or service business (such as a gas station, muffler chain store, lube chain store, Firestone service center).
55. Because of the substantial discounts given to defendants and other major retail chains selling automotive parts and accessories, many small jobbers joined forces by combining into "Program Buying Groups" or more limited-purpose "buying groups" to pool their purchasing power and obtain lower prices than they were paying as stand-alone jobbers; program buying groups such as NAPA and CarQuest formed and enabled their members to buy at improved prices and receive some benefits from manufacturers' advertising and promotional allowance programs, but still substantially higher than the prices per unit being paid by the defendants.
56. When automotive parts and accessories of a specific manufacturer are being sold by competing stores (such as defendants' retail stores in competition with jobbers), the store with the lower price obtains a disproportionate share of the business, and takes this business away from the store which is selling at a higher price per unit.
57. Defendants buy their goods from the Manufacturers at substantially lower prices per unit than paid by the plaintiffs or their WD suppliers who buy the same type and quality of goods at the same time from the same Manufacturer, with the predictable result that the defendants offer and sell these goods at lower prices than the plaintiffs, and often at prices lower than the per-unit price being paid by the plaintiffs or their suppliers for the same goods at the same time.
58. The result is that the defendants are able to and do take away business from the plaintiffs, by selling at the jobber level of distribution at a lower price than the plaintiffs are able to sell for at the same jobber level of distribution, and the defendants have the added advantage of a substantially higher profit margin with which to provide such things as a better location, larger selection of goods, more advertising and promotion, and free parking.
59. Upon information and belief, the Manufacturers are selling to the defendants at or near (and perhaps below) the Manufacturers' cost, and have to charge substantially higher prices to plaintiffs or their WD suppliers and others who are not major retail chains such as defendants to be able to profit from their manufacturing business.
60. Upon information and belief, the Manufacturers have to keep increasing their prices to the plaintiffs (or their WD suppliers) to be able to find some areas of profitability to their business, which increases the price to all consumers, even those who are buying from the defendants.
61. When a purchase is made from a chain store of one of the defendants, such sale is taken away from a nearby jobber, who then (in 3-Step Distribution) does not buy that item from its 3-Step Wholesaler (i.e., the warehouse distributor or "WD"), causing an identifiable and non-duplicative loss at each level of the plaintiffs' distribution system.
62. The businesses of the defendants would not be able to compete, or compete as successfully, with the plaintiffs' businesses if the price paid per unit by the defendants were the same as that paid to the Manufacturer by the Warehouse Distributor.
63. The plaintiffs provide superior service to the service generally provided by the defendants, but the price difference is too great for the plaintiffs to overcome. Defendants' lower prices, and better location, greater selection, more costly advertising and promotion, and free parking overwhelms plaintiffs (paid for with part of the unlawful price advantage), which would not be the case if defendants and plaintiffs' Warehouse Distributors started out with a level playing field, paying the same price per unit.
64. Plaintiffs allege that the activities of each of the defendants makes it liable to the plaintiffs for violations of Sections 2(a) and 2(f) of the Robinson-Patman Act.
65. For the past 4 years, plaintiffs (directly or indirectly, to the extent they have been in business) and the defendants (directly) have been purchasing, at the same time, automotive parts and accessories for the aftermarket (as defined in paragraphs 44-A through 44-H and 49 above) of like grade and quality from the Manufacturers.
66. During the past 4 years, each of the respective plaintiffs have been in actual competition with each of the defendants identified for such plaintiff in paragraph 10 above.
67. The sales by the Manufacturers to the plaintiffs (directly or indirectly) and to the defendants were and are being made in commerce on an interstate basis, with such goods having been sold for use, consumption, or resale within the United States or the District of Columbia, and where the effect of such discrimination in price may be substantially to lessen competition or tend to create a monopoly in the automotive parts and accessories aftermarket, or to injure, destroy, or prevent competition with the defendants who either grant or knowingly receive the benefit of such discrimination, or with customers of the plaintiffs or defendants.
68. The sales by the Manufacturers to the plaintiff WD's and to the WD's of the other plaintiffs have been made at per unit prices which are substantially higher than the per unit prices for the goods of like grade and quality paid, at the same time, by defendants to the same Manufacturers. Return to Top of Complaint
69. Each of the defendants, upon information and belief, employs most if not all of the following techniques to obtain payments from the Manufacturers and thereby obtain lower prices per unit for their purchases of automotive parts and accessories than paid by WD's to the same Manufacturers at the same time for goods of like grade and quality:
A. New store discounts;
B. Early buy allowances;
C. Display/endcap allowances for stocking one or more of the Manufacturers' goods in a favorable shelf position for easy viewing and selection by the defendants' customers;
D. Promotional allowances;
E. Advertising/artwork allowances;
F. Defective merchandise allowances;
G. Obsolescence allowances;
H. Gathering allowances paid by the Manufacturers to the defendants for the privilege of having the Manufacturers' sales representative meet with the defendants' buyers;
I. Warehouse changeover allowances;
J. Store changeover allowances;
K. Back haul allowances;
L. New warehouse allowances;
M. Quality discounts;
N. Volume discounts given to the defendants by the Manufacturers and not made available on a per-unit basis to the plaintiffs;
O. Volume discounts given to the defendants by the Manufacturers not made available to the plaintiffs for comparable purchases of goods;
P. Slotting allowances consisting of free automotive parts and accessories from the Manufacturers as the starting inventory for each new retail store opened by the defendants and other occasions in which free automotive parts and accessories are given by the Manufacturers to the defendants;
Q. Other slotting allowances or payments by the Manufacturers to the defendants for making retail shelf space available for the Manufacturers' goods;
R. By permitting deferred payments on goods sold to defendants beyond and unrelated to credit terms awarded on the basis of defendants' or any other purchasers' credit rating, which amounts to the placement of interest-free capital with the defendants by the manufacturers.
S. Free trucks paid for by several Manufacturers to each defendant upon the opening up by the defendant of each new retail store;
T. Private brands of goods of equal grade and quality to the Manufacturers' branded goods at a price substantially lower than the branded goods and not made available to the plaintiffs at any price, or not made available to the plaintiffs at the same price per unit;
U. Deductions without justification from invoices sent by the Manufacturers to the defendants for goods sold to the defendants, representing cancellation of such invoices to the extent of the deductions and resulting free goods for the defendants;
V. Rebates and other payments made by the Manufacturers to the defendants representing a return of all or part of the purchase price paid by the defendants for goods of the Manufacturer, without return of the goods;
W. Allowances paid by the Manufacturers to the defendants when the defendants decide to return goods to the Manufacturers;
X. Other fees and allowances paid by the Manufacturers to the defendants and not paid to the plaintiffs at all, or on a per-unit basis;
Y. Payments made by the Manufacturers to the defendants as to sham advertising and promotional programs which payments are not made to plaintiffs on the same per-unit basis;
Z. Payments made by the Manufacturers to the defendants for services not provided by the defendants, or in an amount in excess of the cost of the services provided by the defendants, and not paid to the plaintiffs on the same per-unit basis; and
AA. Receipt by defendants of what is denominated as a a portion of the profits of the Manufacturers as defined pursuant to some form of partnering agreement or other agreement calling for a payment of a portion of the Manufacturers' profits to the defendant.
70. The Manufacturers have been giving the defendants various discounts, rebates, fees, free goods, allowances and other payments not offered, made available or provided to the plaintiff WD's directly or to the WD's from whom the plaintiff jobbers purchased their goods. These payments are generally based on services which plaintiffs provide with no compensation, or are based on non-existing services of the defendants. It should be noted that in many instances plaintiff jobbers buy some of their goods directly from the Manufacturer and not from a WD and are to be considered a WD as to such purchases.
71. Such discounts, rebates, fees, allowances and other payments referred to in the preceding paragraph also include payments purportedly for or as advertising and promotional allowances but which are not required by the Manufacturers to be used by the defendants for such purported advertising and promotional purposes.
72. Upon information and belief, the Manufacturers have made available to the defendants advertising and promotional programs and payments thereon not made available to, or even known to, the plaintiffs, and as to payments the defendants are free to use for any purpose they see fit.
73. Upon information and belief, part or all of the advertising and promotional programs referred to in the preceding two paragraphs do not require the defendants to spend the advertising and promotional fees, allowances or other payments for the purposes for which such payments were made purportedly made to the defendants.
74. The extent to which any advertising and promotional programs make payments to the defendants without requiring expenditure for the purported purpose, such payments are in substance a further rebate or discount of the purchase price to the defendants.
75. To the extent that the Manufacturers offer some advertising and promotional program participation to plaintiffs, the terms and conditions make such offered participation a sham and not reasonably, functionally or proportionally available to plaintiffs, whereas the defendants are not burdened by most of or all of such terms and conditions.
76. Upon information and belief, each of the defendants has induced or has been knowingly receiving the discriminatory discounts, fees, rebates, free inventory and other payments from the Manufacturers as alleged in paragraphs 69-A through 69-ZZ above.
77. The activities of the defendants and the Manufacturers adversely effect competition in the relevant product and geographic markets as described in paragraphs 44-A through 44-H and 49 above and are lessening competition, tending to monopolize, and injuring consumers and competition in the automotive parts and accessories aftermarket.
[Defendants Induced or Knowingly Received the Favorable, Discriminatory Prices]
78. Defendants induced or knowingly received the favorable, discriminatory prices, for reasons including:
A. The existence of this Complaint and the presumed failure of the defendants to take any action with the Manufacturers to ensure that defendants' competitors are receiving the same per unit prices;
B. Defendants have sought, requested and received the rebates, fees, allowances and other payments described in paragraphs 69-A through 69-ZZ above knowing that they were not being offered at such time by the Manufacturers through any published price list;
C. Articles in industry publications have discussed how various defendants have been receiving rebates, fees, allowances and other payments described in paragraphs 69-A through 69-ZZ above that were not being given to the plaintiffs and other small competitors of the defendants;
D. Articles in the business press have discussed how major retailers have been receiving rebates, fees, allowances, free merchandise and other payments similar to those described in paragraphs 69-A through 69-ZZ above that were not being given to the smaller competitors, causing the smaller competitors to go out of business;
E. Acquisitions of competing retail chains such as Chief and Western Auto by some of the defendants such as AutoZone and Advance (but not Wal-Mart) have provided such defendants with precise data to show defendants that they have been receiving favorable discriminatory prices, whereas the companies being acquired were the disfavored purchasers;
F. Marketing analyses and studies of the defendants;
G. Defendants' selection of locations is done knowing of defendants' lower cost of inventory and resulting advantage in placing their new retail stores as close as possible to stores of the plaintiffs, for the purpose of driving the plaintiffs' nearby stores out of business through lower prices which only the defendants can provide (because of the lower prices at which they buy their inventory);
H. Discussions with salespersons from the Manufacturers;
I. Demands made by defendants upon the Manufacturers for profit margin guarantees and price protection;
J. Demands made by Defendants upon the Manufacturers for other payments and price concessions and other benefits;
K. Absence of list prices of the Manufacturers;
L. Receipt of volume discounts for volume purchases which are beyond the ability of plaintiffs to match with their existing sales levels;
M. Upon information and belief, the defendants have never sought any cost justification figures from any of the Manufacturers;
N. Upon information and belief, the defendants have never sought any "meeting competition" information from any of the Manufacturers;
O. Some of the defendants (particularly Advance) merged with another major retail chain for the specific purpose of being able to obtain even lower prices than they were enjoying as separate entities (Advance and Western Auto, owned outright by Sears prior to the merger); and
P. Defendants obtain higher discounts than Program Buying Groups and Buying Groups even though the volume of purchases is comparable.
79. Losses suffered by plaintiffs:
A. Losses of gross profit margin incurred on sales actually made, in which the goods were purchased at a higher price than paid by the defendants;
B. Losses of gross profit margin incurred when plaintiffs reduced their profit margins on sales being made to compete with the lower prices of the defendants, and to try to maintain market share or dollar volume of sales;
C. Losses of gross profit margin incurred as to lost sales of the goods being sold to plaintiffs at unfavorable, discriminatory prices, causing plaintiffs to decrease their purchases of such goods;
D. Losses of gross profit margin incurred on sales of other goods and services to present or former customers of the plaintiffs who started buying, in whole or in part, from one or more of the defendants; and
E. Other losses suffered by plaintiffs as a consequence of the unlawful price discrimination, including increased (above-normal) inventory costs, reduced (below-normal) inventory turnover, higher interest expenses, costs in locating and inventorying price-competitive inventory of different manufacturers, increased advertising and promotional expenses, and other increased operating costs.
80. Each of the plaintiffs has suffered damages by reason of the unlawful price discrimination activities of the defendants and the Manufacturers, as will be proved with certainty by each plaintiff, respectively, at the time of trial. The amount of plaintiffs' respective damages are not known to plaintiffs at this time.
81. It has been preliminarily estimated that the damages for the vast majority of the plaintiffs ranges from $400,000 for the plaintiff having the least amount of damages, to $35,000,000 for the plaintiff having the largest amount of damages, with an estimated average of $1,000,000 in damages for each of the jobber plaintiffs and substantially more for each of the WD plaintiffs; but these damage amounts cannot be alleged with any certainty at this time because of lack of needed information, and the need of each plaintiff for an expert report to show how much the plaintiff has lost.
82. Each of the WD and jobber plaintiffs is entitled to an award of treble damages.
83. Each of the plaintiffs is entitled to an award of attorneys' fees.
84. Each of the plaintiffs is being irreparably injured by reason of the actual and threatened activities of the defendants and the Manufacturers.
85. Each of the plaintiffs other than the Coalition is entitled to a preliminary and permanent injunction prohibiting each of the defendants named by them, respectively, from continued violation of Sections 2(a) and 2(f) of the Robinson-Patman Act, and from opening up any more retail stores to compete with any of the plaintiffs unless the defendant has ceased purchasing its automotive parts at favored prices in violation of Section 2(a) and/or Section 2(f) of the Robinson-Patman Act.
86. The Coalition is entitled to a preliminary and permanent injunction prohibiting each of the defendants from continued violation of Sections 2(a) and 2(f) of the Robinson-Patman Act, and from opening up any more retail stores anywhere in the United States to compete with any of the members of the trade associations which formed the Coalition, as identified in paragraph 8 above or with any of the other plaintiffs, unless the defendant has ceased purchasing its automotive parts and accessories at favored prices in violation of Section 2(a) and/or Section 2(f) of the Robinson-Patman Act.
87. Plaintiffs allege and reallege each of the allegations set forth in paragraphs 1-86 above, and further allege that the activities of the defendants are in violation of Section 2(c) of the Robinson-Patman Act, 15 U.S.C.A. Section 13(c) as payments by the Manufacturers for services of defendants not actually rendered or as excessive payments by the Manufacturers for services rendered by the defendants.
[Text of Section 2(c) of the Robinson-Patman Act]
88. Section 2(c) of the Robinson-Patman Act, 15 U.S.C.A. Section 13(c) provides:
Payment or acceptance of commission, brokerage, or other compensationIt shall be unlawful for any person engaged in commerce, in the course of such commerce, to pay or grant, or to receive or accept, anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, or merchandise, either to the other party to such transaction or to an agent, representative, or other intermediary therein where such intermediary is acting in fact for or in behalf, or is subject to the direct or indirect control, of any party to such transaction other than the person by whom such compensation is so granted or paid.
89. Upon information and belief, each of the defendants throughout the four preceding years has been receiving payments in money, credit, discounts and goods from the Manufacturers for services actually or supposedly performed by the defendants or their agents or brokers relating to the automotive parts and accessories purchased by defendants from the Manufacturers.
90. The services actually or supposedly performed by the defendants or their agents or brokers are included in the list of presently-known techniques by which defendants obtain lower prices from the Manufacturers (in paragraphs 69-A through 69-ZZ above), as follows (quoting from said list):
A. New store discounts;B. Early buy allowances;
C. Display/endcap allowances for stocking one or more of the Manufacturers' goods in a favorable shelf position for easy viewing and selection by the defendants' customers;
* * *
F. Defective merchandise allowances;
G. Obsolescence allowances;
H. Gathering allowances paid by the Manufacturers to the defendants for the privilege of having the Manufacturers' sales representative meet with the defendants' buyers;
I. Warehouse changeover allowances;
J. Store changeover allowances;
K. Back haul allowances;
L. New warehouse allowances;
M. Quality discounts;
* * *
P. Slotting allowances consisting of free automotive parts and accessories from the Manufacturers as the starting inventory for each new retail store opened by the defendants and other occasions in which free automotive parts and accessories are given by the Manufacturers to the defendants;
Q. Other slotting allowances or payments by the Manufacturers to the defendants for making retail shelf space available for the Manufacturers' goods;
R. By permitting deferred payments on goods sold to defendants beyond and unrelated to credit terms awarded on the basis of defendants' or any other purchasers' credit rating, which amounts to the placement of interest-free capital with the defendants by the manufacturers.
S. Free trucks paid for by several Manufacturers to each defendant upon the opening up by the defendant of each new retail store;
* * *
U. Deductions without justification from invoices sent by the Manufacturers to the defendants for goods sold to the defendants, representing cancellation of such invoices to the extent of the deductions and resulting free goods for the defendants;
* * *
W. Allowances paid by the Manufacturers to the defendants when the defendants decide to return goods to the Manufacturers;
X. Other fees and allowances paid by the Manufacturers to the defendants and not paid to the plaintiffs at all, or on a per-unit basis;
Y. Payments made by the Manufacturers to the defendants as to sham advertising and promotional programs which payments are not made to plaintiffs on the same per-unit basis;
Z. Payments made by the Manufacturers to the defendants for services not provided by the defendants, or in an amount in excess of the cost of the services provided by the defendants, and not paid to the plaintiffs on the same per-unit basis; and
AA. Receipt by defendants of what is denominated as a a portion of the profits of the Manufacturers as defined pursuant to some form of partnering agreement or other agreement calling for a payment of a portion of the Manufacturers' profits to the defendant.
90. Upon information and belief, there exist other ways in which the defendants have been paying compensation or other benefits to the defendants or an agent, representative, or other intermediary of a defendant (where such intermediary is acting in fact for or in behalf, or is subject to the direct or indirect control, of the defendant) in addition to the techniques listed in paragraphs 69-A through 69-ZZ and 89 above.
91. The techniques by which the Manufacturers pay compensation to defendants, directly or indirectly, as alleged in paragraphs 89-90 above, are hereinafter referred to as the "Phantom Services Payments".
92. Upon information and belief, the specific services for which the Phantom Services Payments were made were not performed or were not performed to the extent for which the payments were made, and/or the payments were made in substantial excess of the cost of performance of such services by or for the defendants.
93. As a result, the defendants obtained substantial amounts of Phantom Services Payments from the Manufacturers without performance of any services therefor.
94. Defendants receive from the Manufacturers excessive compensation for the functions defendants perform at each and all of the functional levels performed by defendants.
95. The WD and jobber plaintiffs perform essentially the same services for the Manufacturers without compensation for which defendants are obtaining compensation (in the form of Phantom Services Payments) from the Manufacturers.
96. The goods for which the Phantom Services Payments were made were purchased by the defendants in interstate commerce and/or the goods were resold by the defendants in interstate commerce.
97. Similarly, during this same period, each of the WD and jobber plaintiffs then in business purchased automotive parts and accessories of like grade and quality from the same Manufacturers (or a jobber made his purchases from a WD who bought directly from the Manufacturers) and received no such payments from the Manufacturers with respect thereto.
98. The effect of the Phantom Services Payments to the defendants was a return from the Manufacturers of a significant portion of the price paid by defendants for the purchase of the automotive parts and accessories, amounting to a rebate, thereby giving the defendants a substantially lower price for the goods than was being paid at the same time by the WD or jobber plaintiffs (or their WD suppliers) who were then purchasing the like grade and quality of goods from the same Manufacturers.
99. This constitutes antitrust injury to each of the jobber and WD plaintiffs who are competing with defendants for the same customers (secondary-line competition) and to each of the WD plaintiffs whose jobber customers are competing with defendants for the same customers (tertiary-line competition).
100. These violations of Section 2(c) of the Robinson-Patman Act by the defendants are per se violations having no defense of cost justification or meeting competition.
101. Plaintiffs have been damaged by the amount of the Phantom Services Payments which plaintiffs would have received had they been given equal treatment without offset for the cost of any services actually performed by or for the defendants.
102. In addition, plaintiffs have lost business by reason of the non-receipt of the Phantom Services Payments and have been damaged by the loss of gross profit margins and other losses as described in paragraphs 79-A through 79-E above.
103. The WD and jobber plaintiffs, as well as the Coalition, are being threatened with extinction and irreparable injury if these practices by the defendants in accepting Phantom Services Payments from the Manufacturers (without being made available to the WD and jobber plaintiffs) are not ended.
104. Plaintiffs are entitled to preliminary and permanent injunctive relief prohibiting defendants from receiving or accepting any Phantom Services Payments in the future (a) to the extent such payments exceed the cost of defendants to pay the specified services; (b) to the extent such payments reimburse defendants for actual costs incurred by or on behalf of the defendants to perform the specified services; and (c) if the Manufacturers' program for such payments is not advertised by the Manufacturers as available to independent WD's and jobbers who purchase directly from the Manufacturers.
105. The amount of the WD and jobber plaintiffs' damages is an unknown part of the damages alleged in paragraphs 80-81 above, and a duplication thereof (except to the extent the Phantom Services Payments were made for services actually performed by the defendants or their agents or representatives).
106. Each of the WD and jobber plaintiffs is entitled to an award of treble damages.
107. Each of the plaintiffs is entitled to an award of attorneys' fees.
WHEREFORE, plaintiffs demand judgment against defendants for violation of Sections 2(a) , 2(c) and 2(f) of the Robinson-Patman Act, as follows:
1. That it be adjudged and decreed that the activities of each of the defendants constitute a violation of Sections 2(a), 2(c) and 2(f) of the Robinson-Patman Act as to each of the plaintiffs;
2. Awarding damages in favor of each WD and jobber plaintiff, in an amount not presently known to the plaintiffs but which will be proved with certainty for each plaintiff, respectively, at the time of trial.
3. Trebled damages.
4. Attorneys' fees.
5. Enjoining permanently each of the defendants from inducing and/or knowingly receiving, as the favored purchaser, discriminatory prices or Phantom Services Payments from any of the Manufacturers, directly or indirectly.
6. Enjoining permanently each of the defendants from opening up any new retail stores in competition with any of the plaintiffs until such time that defendants prove that they are no longer inducing or knowingly receiving unlawfully low prices for, or receiving Phantom Services Payments relating to, the inventory they buy in competition with any of the WD or jobber plaintiffs.
6. That each of the defendants be assessed interest, costs and disbursements; and
7. That plaintiffs have such other and further relief as this Court may deem just and proper.
Plaintiffs hereby demand a trial by jury of all issues properly triable to a jury pursuant to Rule 38(b) of the Federal Rules of Civil Procedure.
Dated: New York, New York
February 16, 2000
/s/ CARL E. PERSON
_____________________________
Carl E. Person (CP 7637)
Attorney for the Plaintiffs
325 W. 45th Street - Suite 201
New York, New York 10036-3803
(212) 307-4444
Exhibit A - Alphabetized List of Plaintiffs and DBA's - in Two Parts
No[fn#2], Name of Plaintiff, Address, City, St, Inc, DL[fn#3], Defts[fn#4]
16 A & G Auto Parts, Inc., 75 Main Street, Monroe, CT, CT, J, AZ S AA P
35 Airport Auto Supply, Inc., 4803 Airport Blvd, Austin, TX, TX, J, AZ W S AA P O
59 Alco Auto Parts Co., Inc., 288 Hyde Park Ave., Jamaica Plain, MA, MA, J, AZ
2 Amelia's Automotive, Inc., 2918 Roosevelt, San Antonio, TX, TX, J, AZ W S AA P O
64a APW Co., 2836 Creek Rd., Elverson, PA, PA, W, AZ W S AA P K
13 Arcand Sales & Service, Inc., 229 Brighton Ave., Allston, MA, MA, W, AZ W S P
120 ASPA Management Corp., 239 B East Main St, Patchogue, NY, NY, J, AZ W S P
88 Associate Jobbers Warehouse, Inc., 1309 Indust'l Blvd, Boaz, AL, AL, W, AZ W S AA P D K
101 A & T Enterprises, Inc., 1106 W. Main St., Centralia, WA, WA, J, W C
104 A to Z Auto Parts #2, Inc., 8528 Watson Rd., St. Louis, MO, MO, J, AZ W S AA
100 Aurora National Auto Parts, 22912 Highway 99, Edmonds, WA, ____, J, W S C P
24 Automotive Hard Parts Inc., 199 Union St., Rockland, MA, MA, J, AZ W AA P
52 Automotive Parts Warehouse, Inc., 10 Embankment Rd., Lawrence, MA, MD, W, AZ W S P
37 Automotive Supply Associates, Inc., 129 Manchester St., Concord, NH, NH, W, AZ W S AA P K
46 Automotive Warehouse, Inc. of Lakeland, 611 Alicia Rd., Lakeland, FL, FL, W, AZ W S AA P D
28 Auto Parts & Equipment Co., 911 San Juan Blvd., Farmington, NM, NM, J, AZ W S C K
105 Auto Parts & Supply, Inc., 226 Monticello Ave., W'msburg VA VA J AZ W S AA P
67b Auto Tech Auto Parts, Inc., 695 N. Miller Ave., Marion, IN, IN, J, AZ W AA
60 Avenue Auto Parts, Inc., 5300 Farrow Rd., Columbia, SC, SC, W, AZ W S AA P
69 Bachelders' Automotive Distributors, Inc., 158 Marble St., Athol, MA, MA, J, AZ W S AA K
116 Barlex, Inc., 675 S. 4th St., Beaumont, TX, TX, J, AZ W S O
74b B & B Automotive Supply Co., Inc., 439 Washington Rd., Pittsburgh, PA, PA, ___, AZ W S AA P K
68 Best Auto Supply, Inc., 215 Southgate Mall, Chambersburg PA, ___, ___, _________
25 B. & H. Auto Supply, Inc., 19 Jackson St., Middleboro, MA, MA, J, AZ W P
64e Birdsboro Auto Parts, Inc., 702 S. Center Rd., Birdsboro, PA, PA, J, AZ W S AA P K
27 Braintree Automotive Supply, 139 Howard St., Braintree, MA, MA, J, AZ W S P
95 Buckeye Auto Parts, Inc., 130 W. South St., Fostoria, OH, OH, J, AZ W S AA
38 Burlington County Auto Parts, Inc., 688 High Street, Burlington, NJ, NJ, J, AZ W S AA P
115 Burns Automotive Parts, Inc., 235 Essex St., Haverhill, MA, MA, J, AZ W S AA P
91a Cambridge Four Star, Inc., 1101 Turner Ave., Cambridge, OH, OH, J, AZ
36 Carmac, Inc., 1397 E. Main St., Torrington, CT, CT, J, AZ W AA P K
49a Cash Automotive, Inc., 425 So. Reynolds, Alice, TX, TX, W, AZ W S P O
63 Cee-Kay Auto Supply, Inc., 4949 Birney Ave., Moosic, PA, PA, W, AZ W S AA P
110 Central Automotive Warehouse Corp., 10 Braintree St., Allston, MA, MA, W, ________
43b Chicopee Automotive Warehouse, Inc., 367 Chicopee Street, Chicopee, MA, MA, J, AZ W S AA P
8 Citizens Auto Parts, Inc., 4408 Wms'burg Rd, Richmond, VA, VA, J, AZ W AA
122 Coffelt Enterprises, Inc., 1533 Swift St., N Kansas City, MO, ___, J, AZ W S AA O K
31 Columbia Auto Parts Co., Inc., 305 Webster Ave, Cambridge, MA, MA, J, AZ W S P
84 Crown Automotive Distributors, Ltd., 280 Plainfield St., Providence, RI, RI, J, AZ W S AA P K
87d Dickson, Ralph A., Jr.[fn#6], P.O. Box 458, Gastonia, NC, NC, J, AZ W S AA
87e Dickson, Ralph A., III[fn#6], P.O. Box 458, Gastonia, NC, NC, J, AZ W S AA
4 Dixie Diggs Auto Parts, 400 N. King St., Hampton, VA, VA, J, AZ W S AA P
107 Doc Meyer Auto Supply, Inc., 402 West Dunklin, Jefferson City, MO, MO, ____, AZ W S AA O
34 Dusenbery's [partnership], 112 West Chaco, Aztec, NM, NM, J, AZ W S C
78 Dyke Motor Supply Co., West Inc., 1720 Noblestown Rd, Pittsburgh, PA, PA, J, W S AA P
74a Dyke, Inc., 439 Washington Rd, Pittsburgh, PA, PA, ____, AZ W S AA P K
67d East Side Parts, Inc., 31st & Main St., Elwood, IN, IN, J, AZ
29 Eastern Auto Parts, Inc., 220 Felton St., Waltham, MA, MA, J, AZ W S P
56 Easton Electrical Devices, Inc., 913 Northampton St, Easton, PA, PA, W, AZ W S AA P K
53 Ed Schroeder's Auto Parts, Inc., 49 E. Broad St., Hopewell, NJ, NJ, J, AZ W S AA P K
72 E & S Auto Parts, Inc., 3335 Market St., Twin Oaks, PA, PA, J, W P
118 47th St. Auto Parts, Inc., 4950 So. Broadway, Wichita, KS, KS, J, AZ W S AA P O
62 Gemini of Westmont, Inc., 206 Haddon Ave., Westmont, NJ, NJ, J, AZ W S AA P
124 General Auto Repair, Inc., 4425 E. 14th St., Oakland, CA, CA, J, AZ W S C P
3 GLO Auto Supply, Inc., 501 Kempsville Rd, Chesapeake, VA, VA, J, AZ W S AA P
64c Gilbertsville Auto Supply, 1141 Phila. Pike, Gilbertsville, PA, PA, J, W P
11 Gil's Auto Parts , 5408 Forest Brook Dr, Richmond, VA, VA, J, AZ W S AA P
66 Goffstown Auto Parts, Inc., 678 Mast Rd., Manchester, NH, NH, J, AZ W S AA P K
57 Graffman's, Inc., 305 Madison Ave., Skowhegan, ME, ME, J, W S AA P
64i Hamburg Auto Parts, Inc., 1085 Pottsville Pk, Shoemakersville, PA, PA, J, AZ W S P K
22b Hebert Auto Supply of Concord, L.L.C.[fn#5], 15 Old Farm Rd., Bedford, NH , NH, J, AZ W S AA P
7 Henry Garcia's Enterprises, Inc., 301 North King St., Alice, TX, TX, J, AZ W S
14 HLR Shocks, Inc., 3601 Roosevelt, San Antonio, TX, TX, J, AZ W S AA P O
10 H & M Parts Warehouse of Va., Inc., 1723-31 Summit Ave, Richmond, VA, VA, W, AZ W AA P
79 Hoffman Auto Parts (a partnership), 6646 N. Orange Blossom Tr, Orlando, FL, ____, J, AZ W P D
113 Homestead Automotive Supply, 846 Forest Ave., W. Homestead, PA, ____, J, AZ W S AA P K
97a Hopkins Auto Supply, Inc., 620 NE Kelly Ave., Gresham, OR, OH, J, W C P
64g Hyde Villa Auto Parts, Inc., 215 Wilson St., Hyde Villa, PA, PA, J, AZ W S AA P K
73a Irving Levine Automotive Distributors Inc., 110 South St., Danbury, CT, CT, J, AZ S AA
17 Joe Sackett & Sons, Inc., 123 North Royal Ave, Front Royal, VA, VA, J, AZ W AA P
80b Joyce Auto Parts of Mt. Airy, Inc., 237-B Starlite Rd, Mount Airy, NC, NC, J, AZ W SC AA P
80a Joyce's Automotive Supply, Inc., 237 Starlite Rd, Mount Airy, NC, NC, W, AZ W SC AA P
20 Keen's Automotive Machine Shop, Inc., 1802 S. Church St., Smithfield, VA, VA, J, AZ W S AA P
89 Ken Washington Auto Parts, Inc., 718 W Coshocton St, Johnstown, OH, OH, J, AZ W S AA P
32 Knox Bros., Inc., 105 High Street, Belfast, ME, ME, J, AZ W S AA
54 Lacava & Sowersby, Inc., 1375 Plymouth Ave, Fall River, MA, MA, W, AZ W S P
91c Land & Lake Wholesale Supply, Inc., 1301 Webster Rd., Sommersville, WV, WV, J, W AA
73b Levine Automotive, Inc., 110 South St., Danbury, CT, CT, J, AZ S AA
73c Levine Paint & Auto Supply Inc., 110 South St., Danbury, CT, CT, J, AZ S AA
109 L. J. Hutchins Automotive Supply, Inc., 7500 Porter Rd., Niagara Falls, NY, NY, J, AZ W S AA P K
76 Mader Automotive Center, Inc., 225 S. Walnut St., Troy, OH , OH, J, AZ W S AA
117 Manny's Auto Supply, Inc., 840 Silas Deane Hwy, Wethersfield, CT, CT, J, AZ W S AA P
75 Mariclare, Inc., 5400 East 96th St., Garfield Hts, OH, OH, W, AA W S AA P
71 Marty's Auto Supply, Inc., 271 Belmont St., Belmont, MA, MA, J, AZ W AA P
98 M & B, Inc., 1020 W. Maloney, Gallup, NM, NM, J, AZ W C P
87f Mercer, Janice D.[fn#6], P.O. Box 458, Gastonia, NC, NC, J, AZ W S AA
94 Met's Auto Supply, Inc., 113 West Fourth St, Mansfield, OH, OH, J, AZ W S AA P
67c Miami Auto Parts, Inc., 25 W. 2nd St., Peru, IN, IN, J, AZ
18 Mid-City Automotive Warehouse, Inc., 937 Ave Del Sol NE, Albuquerque, NM, NM, W, AZ W S C P
119b Middle Atlantic Warehouse Distributor, Inc., 4130 Platinum Way, Dallas, TX, NY, W, AZ W S AA C P
67a Midwest Warehouse Corporation, 701 N. Miller Ave., Marion, IN, IN, W, AZ W S AA P
87a Millenium Automotive Logistics, Inc.[fn#5], P.O. Box 458, Gastonia, NC, NC, J, AZ W S AA
15 M & M Auto Parts, Inc., 330 N. Weatherly, Borger, TX, TX, J, AZ W S AA
64f Morgantown Auto Parts, Inc., 100 West Main St., Morgantown, PA, PA, J, P
5 Motor Supply Corp. , 508 Lawndale Dr., Pearlsburg, VA, VA, J, AZ W S AA
6 M. Novick Truck Suppliers, 30 Commercial St, Winchester, VA, VA, W, AZ W AA P
87c NAPA Clover Auto Parts, Inc., P.O. Box 458, Gastonia, NC, SC, J, AZ W S AA
67h National Automotive Inc., 6229 Cross Creek Blvd., Ft. Wayne, IN, IN, J, AZ W S AA P
83 National Auto Parts, Inc. of Appomattox, Hwy 460W, Appomattox, VA, VA, J, AZ W S AA
81a Nelson Truck Equipment Co., Inc., 20063-84th Ave. So, Kent, WA, WA, J, AZ W S P
70 North Shore Metals, Inc., 45 Boston St., Lynn, MA, MA, J, AZ W S P K
65 One Stop Auto Parts, Inc., 3417 Greenmount Ave, Baltimore, MD, MD, J, AZ W S AA P K
67f 1 Stop Auto Center, Inc., 821 E. 9th St., Rochester, IN, IN, J, AZ
55 Owenby Auto Parts, Inc., 815 West Pear St., Lakeland, FL, FL, J, AZ W S P D
58 PAGA, Inc., 67 W. Hollis Rd., Hollis, NH, MA, J, AZ W S AA P K
121 Paramount Auto Parts, Inc., 1240 S. La Brea Ave., Englewood, CA, CA, J, AZ W S C P
106 Partners Auto Parts, Inc., 501 Kempsville Rd, Chesapeake, VA, VA, J, AZ W S AA P
64k Parts Service LLC, 864 W Lancaster Ave, Strafford, PA, PA, J, AZ P K
19 Pelletier's Automotive, Inc., 293 Pine St., Attleboro, MA, MA, J, AZ W AA P
41 Pema Associates, Inc., 348 King Street, Northampton, MA, GA, J, AZ W AA
43a Perry's Auto Parts & Equip. Co., Inc., 365 Chicopee Street, Chicopee, MA, MA, J, AZ W S AA P
92 Pioneer Auto Center, Inc., 905 S. State St., Pioneer, OH, ___, _____, ______
85 Poquoson Auto Parts, 810 Poquoson Ave., Poquoson, VA, VA, J, AZ WM S AA P
64b Pottstown Auto Parts, Inc., 206 Moser Rd., Pottstown, PA, PA, J, W P
64j Pottsville Auto Parts, Inc., 407 S. Garfield Ave., Schuylkill Haven, PA, PA, J, AZ AA K
51a Prevatte Auto Parts, Inc., 422 Watts Rd., Lumberton, NC, NC, W, AZ W S AA K
51b Prevatte Auto Supply, Inc., 422 Watts Rd., Lumberton, NC, NC, W, AZ W S AA K
99 Pulaski Auto Supply, Inc., 421 W. College St., Pulaski, TN, TN, J, AZ W AA
30a Racer's Equipment Warehouse, Inc., 580 Waterman Ave., E Providence, RI, RI, W, AZ W P K
64h Reading Auto Parts, Inc., 315 North St., Reading, PA, PA, J, AZ W S AA P K
26 Ritchie Auto Parts, Inc., P.O. Box 644, Norwood, NC, NC, J, AZ W S AA
119a RMP Auto Parts of Texas, Inc., 400 S. Freeway, Fort Worth, TX, TX, J, AZ W S AA C P O
1 Robert Elgart & Son Inc., 2520 Church St, Philadelphia, PA, PA, W, AZ W S AA P K
103a Rodefeld Co., Inc. 96 West Main St., Richmond, IN, IN, J, AZ W S AA
103b Rodefeld's of Brookville, Inc., 120 Harrison Road, Brookville, IN, IN, J, AZ W S
103c Rodefeld's of Celina, Inc., 443 West Logan St., Celina, OH, IN, J, AZ W S AA
103d Rodefeld-Eaton Co., Inc., 114 North Cherry St, Eaton, OH, OH, J, AZ W S AA
103e Rodefeld's of Greenville, Inc., 701 Walnut St., Greenville, OH, OH, J, AZ W S AA
103f Rodefeld's of Liberty, Inc., 201 North Main St., Liberty, IN, IN, J, AZ W S AA
103g Rodefeld-New Castle, Inc., 1451 S Memorial Dr, New Castle, IN, IN, J, AZ W S AA
103h Rodefeld's of Oxford, Inc., 5041 College Cor Pike, Oxford, OH, OH, J, AZ W S AA
103i Rodefeld's of Portland, Inc., 1205 N Meridian St, Portland, IN, IN, J, AZ W S AA
103j Rodefeld's of Shelbyville Inc., 202 East Broadway, Shelbyville, IN, IN, J, AZ W S AA
103k Rodefeld's of Van Wert, Inc., 602 West Ervin Rd, Van Wert, OH, OH, J, AZ W S AA
103l Rodefeld's of Winchester Inc., 637 E Washington St, Winchester, IN, IN, J, AZ W S AA
64l Shenandoah Auto Parts, Inc., 33 South Main St., Shenandoah, PA, PA, J, K
102 Siggs Auto Parts, 214 S Washington St, Iola, KS, ____, J, AZ W O
123 Sisson Distributing Co., Hwy 54, P.O.B. 206, Osage Beach, MO, ____, J, W S O
12 S&L Auto Supply, Inc., 373 River St., Montpelier, VT, VT, J, WM AA
40 Speed Equipment Corporation, 2535 Street Rd., Bensalem, PA, PA, J, AZ W S P K
9 South Austin Auto Supply, Inc., 2801 Manchaca Rd, Austin, TX, TX, J, AZ W P O
87b Southport Auto & Marine, Inc., P.O. Box 458, Gastonia, NC, NC, J, AZ W S AA
90 Springfield Auto Supply, Inc., 1241 W Columbia St, Springfield, OH, OH, J, AZ W S AA
86 Steve's Auto Parts, Inc., 259 West High St., Pottstown, PA, PA, J, W P
114 Steve's Auto Supply, Inc., 145 Adams Ave., Canonsburg, PA, PA, J, W AA
45 Stewart's Speedometer & Auto Parts, a partnership, 112 South 3rd St., Youngwood, PA, _____, J, AZ W AA P
48 Superior Motor Parts, Inc., 1125 Calle La Resolana, Santa Fe, NM, NM, J, AZ W S C P
64d SRC Auto Parts, Inc., 3938 Ridge Park, Collegeville, PA, PA, J, AZ W P
119d Star Automotive Warehouse, Inc., 4130 Platinum Way, Dallas, TX, TX, W, AZ W S AA C P
67e Sturm Auto Parts, Inc., 400 Poplar St., Huntington, IN, IN, J, AZ W
77 Suburban Auto Supply, Inc., 5083 S. Morrish Rd, Swartz Creek, MI, MI, J, AZ W S AA P
21 Taylor Auto Supply, Inc., 239 Cattail Drive, Lawrenceville, VA, VA, J, AZ W S AA
42 The Belshe Co., Inc., 721 Gross Rd., Mesquite, TX, TX, J, AZ W S P O K
22a The Bill Hebert Co Inc.[fn#5], 15 Old Farm Rd., Bedford, NH , NH, J, AZ W S AA P
30b The Driver's Seat, Inc., 580 Waterman Ave., E Providence, RI, RI, J, AZ W P K
50 The Miller Dudley Co. Inc. of Md., 116 Ritchie Rd., Capitol Hts, MD, MD, J, AZ W S P
97b Thrifty Auto Supply, Inc., 620 NE Kelly Ave., Gresham, OR, WA, J, W C P
49b T. I. Management Co.[fn#5], 425 So. Reynolds, Alice, TX, TX, W, AZ W S P O
81b Titan Truck Equipment Co., Inc., N. 605 Francher Rd, Spokane, WA, WA, J, AZ W S P
96 Toledo Auto Electric, Inc., 5015 Enterprise St., Toledo, OH, OH, W, AZ AA P K
23 Towne Auto Parts, Inc., 780 Worcester St., Natick, MA, MA, J, AZ S
39 U.S.A. Auto Parts Corp., 9699 Academy Rd., Philadelphia, PA, PA, J, AZ W S P
44 Valley Automachine, 1115 W. Main St., Waynesboro, VA, ____, J, AZ AA K
47 WAL, Inc., 459 Washington St., Providence, RI, RI, W, AZ W S AA P K
108 Wallace, Wallace & Wallace, Inc., Rt. 2, Box 5168, Coldspring, TX, TX, J, AZ W S O
119c Warehouse Distributor, Inc., 4130 Platnium Way, Dallas, TX, GA, W, AZ W S AA C P
103m Warehouse Service Co., Inc., 455 North West J St, Richmond, IN, IN, W, AZ W S AA
33 Weather's Auto Supply, Inc., 23308 Airpark Dr., Petersburg, VA, VA, W, AZ W S AA P K
82 Weathers Auto Supply, Inc. 5808-Q Long Creed Park Dr, Charlotte, NC, ____, _____, ________
67g Webster Parts, Inc., N. Main St., North Webster, IN, IN, J, AZ W S AA
22c Wesson's Mobil, Inc.[fn#5], 15 Old Farm Rd., Bedford, NH, NH, J, AZ W S AA P
87g Whelchell, Wendell[fn#6], P.O. Box 458, Gastonia, NC, NC, J, AZ W S AA
91b Willard C. Starcher, Inc., 124 Van Dale Ave., Spencer, WV, WV, J, W AA
111 W. L. Greenfield Corp., 1313 W Columbia St, Evansville, IN, IN, J, AZ W S AA P
93b Workman's Auto Parts of Hartville, Inc., 118 No. Prospect, Hartville, OH, OH, J, AZ W S AA
93a Workman's Auto Parts, Inc., 811 E. Cherry St., Canal Fulton, OH, OH, J, AZ W S AA
93c Workman's Portage Lakes Auto Parts, Inc., 413 W. Turkeyfoot Road, Akron, OH, OH, J, AZ W S AA
112 Wyan Parts & Service, Inc., 42 Osceola Ave., Tallmadge, OH, OH, J, AZ W S AA
No., DBA, Name of Plaintiff
111 A & B Auto Parts, W. L. Greenfield Corp.
122 Abner's Auto Parts, Coffelt Enterprises, Inc.
52 Action Auto Parts, Automotive Parts Warehouse, Inc.
120 AID Auto Stores, ASPA Management Corp.
22c American Auto Supply, Wesson's Mobil, Inc.5
40 Andalusia Speed Shop, Speed Equipment Corporation
11 Atlantic Auto Parts, Gil's Auto Parts
70 Automotive Parts, North Shore Metals, Inc.
64k Automotive Parts Depot, Parts Service LLC
109 Automotive Service Industries (ASI), L. J. Hutchins Automotive Supply, Inc.
52 Auto Paints Specialist of Lawrence, Automotive Parts Warehouse, Inc.
50 Auto Parts Center, The Miller Dudley Co. Inc. of Md.
52 Auto Parts of Kingston, Automotive Parts Warehouse, Inc.
67b Auto Tech Auto Parts, Auto Tech Auto Parts, Inc.
67d Auto Tech Auto Parts, East Side Parts, Inc.
67c Auto Tech Auto Parts, Miami Auto Parts, Inc.
67a Auto Tech Auto Parts, Midwest Warehouse Corporation
67f Auto Tech Auto Parts, 1 Stop Auto Center, Inc.
67e Auto Tech Auto Parts, Sturm Auto Parts, Inc.
67g Auto Tech Auto Parts, Webster Parts, Inc.
46 AWOL of Ft. Myers, Automotive Warehouse, Inc. of Lakeland
24 Bagnell Auto Supply, Automotive Hard Parts Inc.
13 B & D Distributors, Arcand Sales l& Service, Inc.
71 Belmont Auto Supply, Marty's Auto Supply, Inc.
68 Best Automotive Supply, Inc., Best Auto Supply, Inc.
75 Big Auto Centers, Mariclare, Inc.
22c Candia Auto Parts, Wesson's Mobil, Inc.5
123 Clyde Everett Sisson, d/b/a Sisson Distributing Co., Sisson Distributing Co.
64k Coatesville Auto Supply, Parts Service LLC
108 Coldspring Auto Parts, Wallace, Wallace & Wallace, Inc.
64k Dealer Service Warehouse, Parts Service LLC
64k Downington Auto Supply, Parts Service LLC
34 Dusenbery's Auto Parts, Dusenbery's (partnership)
52 F & B Auto Parts, Automotive Parts Warehouse, Inc.
116 Fourth Street Auto Parts, Barlex, Inc.
122 Foxwood Auto Supply, Coffelt Enterprises, Inc.
66 G.A.R.C.O., Goffstown Auto Parts, Inc.
124 General Auto Parts, General Auto Repair, Inc.
124 G.I.W.D., General Auto Repair, Inc.
58 Groton Auto Parts, PAGA, Inc.
14 Hance Auto Parts, HLR Shocks, Inc.
7 Henry's Automotive Parts, Henry Garcia's Enterprises, Inc.
75 Jim's Auto Parts, Mariclare, Inc.
42 J&L Auto Parts, The Belshe Co., Inc.
9 Jobbers Warehouse of Austin, South Austin Auto Supply, Inc.
20 Keen's Engine Warehouse, Keen's Automotive Machine Shop, Inc.
32 Knox Bros. Auto Parts, Knox Bros., Inc.
74b Leechburg Auto Stores, B & B Automotive Supply Co., Inc.
73a Levine Automotive, Irving Levine Automotive Distributors Inc.
73b Levine Automotive, Levine Automotive, Inc.
73c Levine Automotive, Levine Paint & Auto Supply Inc.
52 Lowell Discount Auto, Automotive Parts Warehouse, Inc.
36 MacDonald Auto Parts, Carmac, Inc.
76 Mader Motor Mart, Mader Automotive Center, Inc.
119 Main Auto Parts, RMP Auto Parts of Texas, Inc.
75 Mariclare of Akron, Mariclare, Inc.
75 Mariclare of Cincinnati, Mariclare, Inc.
75 Mariclare of Columbus, Mariclare, Inc.
64k Mechanic's Auto Supply, Parts Service LLC
52 Methuen Auto Supply, Automotive Parts Warehouse, Inc.
2 Mission Auto Parts & Machine Shop, Amelia's Automotive, Inc.
57 Motor Supply, Graffman's, Inc.
41 NAPA Auto Parts, Pema Associates, Inc.
124 NAPA Auto Parts of Oakland, General Auto Repair, Inc.
65 National Automotive Rebuilders, One Stop Auto Parts, Inc.
65 National Cylinder Head, One Stop Auto Parts, Inc.
52 New England Automotive, Automotive Parts Warehouse, Inc.
58 Pepperell Auto Parts, PAGA, Inc.,
11 Plugs & Parts, Gil's Auto Parts
64j Pottsville Auto Parts, Pottsville Auto Parts, Inc.
64j Pro's Choice Auto Supply, Pottsville Auto Parts, Inc.
60 Quality Auto Parts, Avenue Auto Parts, Inc.
98 Quality Parts Co., M & B, Inc.
91b Rick's Parts, Willard C. Starcher, Inc.
103m Rodefeld's Auto Parts, Warehouse Service Co., Inc.
100 Russell, Charles R., d/b/a Aurora National Auto Parts, Aurora National Auto Parts
37 Sanel Auto Parts Co., Automotive Supply Associates, Inc.
102 Sigg, Linda, d/b/a Siggs Auto Parts, Siggs Auto Parts
44 Skillman, Larry A., d/b/a Valley Automachine, Valley Automachine
113 Solman, Richard H., d/b/a Homestead Automotive Supply, Homestead Automotive Supply
62 Sons Auto Supply, Gemini of Westmont, Inc.
91b Speedway Parts, Willard C. Starcher, Inc.
45 Stewart's Auto Parts, Stewart's Speedometer & Auto Parts, a partnership
10 Summit Sales & Service Co., H & M Parts Warehouse of Va., Inc.
91a Superior Auto Parts, Cambridge Four Star, Inc.
13 Suspension Specialists, Arcand Sales & Service, Inc.
52 Telham Auto Supply, Automotive Parts Warehouse, Inc.
47 Tri-State Automotive Warehouse, WAL, Inc.
89 Washington Auto Parts & Paint, Ken Washington Auto Parts, Inc.
52 Water Street Auto Parts, Automotive Parts Warehouse, Inc.
67h Waynedale Auto Parts, National Automotive Inc.
47 Werner, Sullivan & Nilsson, WAL, Inc.
91c Wholesale Auto Parts, Land & Lake Wholesale Supply, Inc.
91c Wholesale Auto Parts # 2, Land & Lake Wholesale Supply, Inc.
52 Will's Auto Supply, Automotive Parts Warehouse, Inc.