I 
111TH CONGRESS 
1ST SESSION H. R. 3450 
To prohibit certain restraints of competition adversely affecting automobile 
dealers. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2009 
Ms. JACKSON-LEE of Texas (for herself, Mr. JOHNSON of Georgia, Ms. 
FUDGE, Ms. KILPATRICK of Michigan, Ms. CLARKE, Mr. HARE, Mr. POE 
of Texas, Mr. MASSA, Mr. COHEN, Mr. BERRY, Mr. FALEOMAVAEGA, Mr. 
TONKO, Mr. KUCINICH, Mr. REYES, Ms. CORRINE BROWN of Florida, 
and Mr. ROTHMAN of New Jersey) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To prohibit certain restraints of competition adversely 
affecting automobile dealers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Automobile Dealers 
Fair Competition Act of 2009’’. 
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SEC. 2. PROHIBITION AGAINST CERTAIN RESTRAINTS OF 
TRADE. 
(a) PROHIBITION.—It shall be unlawful for any new 
automobile manufacturer (as defined in subsection (c)) en-
gaged in commerce, in the course of such commerce, di-
rectly or indirectly, to unreasonably discriminate against, 
or unreasonably deny a franchise to, an automobile dealer 
(as defined in subsection (d)) in any case in which the 
automobile dealer applies to such manufacturer, within 60 
days after the date of the enactment of this Act, for the 
retention of its franchise and presents adequate evidence 
that it is a going concern. 
(b) EXPEDITED ACTIONS TO PROTECT FRANCHISE 
AGREEMENTS.—In order to protect the economic rights 
of automobile dealers, if at the end of 90 days following 
the date of the enactment of this Act, if a new automobile 
manufacturer has not entered into an agreement with an 
automobile dealer to restore its franchise, the automobile 
dealer, at the dealer’s option, shall be able to seek enforce-
ment of its rights under subsection (a) by filing an action 
therefor in a United Stated district court under a proce-
dure in which a master appointed by the court shall hear 
the matter and make a recommendation to the court with-
in 90 days after the filing of the action. The court shall 
adopt the master’s recommendation if in accord with the 
law and facts. The provisions of this subsection shall not 
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be in derogation of any rights an automobile dealer other-
wise has under this section. 
(c) DEFINITION OF ‘‘NEW AUTOMOBILE MANUFAC-
TURER’’.—As used in subsection (a), the term ‘‘new auto-
mobile manufacturer’’ means an automobile manufac-
turing company established in 2009 that is the successor 
to another automobile manufacturing company and ac-
quires in such year the assets of the predecessor auto-
mobile manufacturing company in a transaction governed 
by section 363 of title 11 of the United States Code. 
(d) DEFINITION OF ‘‘AUTOMOBILE DEALER’’.—As 
used in subsection (a), the term ‘‘automobile dealer’’ 
means any automobile dealer in the United States that, 
on January 1, 2009, held a franchise granted by an auto-
mobile manufacturing company that was the predecessor 
company to a new automobile manufacturer to sell that 
company’s automobiles, but that, on the date of the enact-
ment of this Act, has not entered an agreement with the 
new automobile manufacturer that is a successor to that 
company to continue serving as a franchisee. 
Æ 
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