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NADAP Case Study

Decent Essays

Assumptions: 1. The two market areas were consolidated into one market area 2. There were no other significant changes to the newly formed market area’s size or geography 3. The newly awarded franchise is located in the old market area of Tim’s closed location 4. Tim was not given right of first refusal for this latest open point in his former market area 5. The dealers are in a Metropolitan Market as defined by NADAP 6. The OEM’s market share is higher in other markets in the region. Assignment questions: A) What are Tim’s rights under NADAP? a. Tim has the right to challenge the OEM if the newly awarded dealer is within 8 direct KM of his existing store b. Tim has protection from Irreparable Harm from actions conducted by the manufacturer

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