Court Denies Michelin's Motion for Preliminary Injunction
Against Bandag
MUSCATINE, Iowa, May 8 Bandag, Incorporated announced that the United
States District Court for the Southern District of Iowa has denied a
preliminary injunction motion against Bandag, which had been filed by Michelin
North America, Inc. The motion would have prevented Bandag and
Bridgestone/Firestone, Inc., from working together to provide business
incentives to commercial truck tire dealers to sell Bandag retreads or
Bridgestone/Firestone truck tires. The Honorable Charles R. Wolle issued the
order on May 4, 2001, in U.S. District Court, Davenport, Iowa.
The Court determined that Michelin had not adequately demonstrated a
threat of irreparable harm to support a preliminary injunction. Also, the
Court concluded that it was likely that Bandag and Bridgestone would encounter
significant harm if the motion were granted because it would hinder free
discussion and lawful cooperation and may detrimentally affect the companies'
customers.
"We are pleased with the Court's ruling, which we believe is fair and in
the best interests of an open, competitive marketplace that benefits trucking
customers," said Martin Carver, Chairman and CEO of Bandag. "This decision
means we can continue competing for business and supporting our network of
Bandag franchised dealers."
Although the motion for preliminary injunction was denied, the lawsuit
between Bandag and Michelin continues and is scheduled for trial in January
2002.