Adverse Result in Republic Industries Case Will Not Affect Nissan
5 February 1999
Adverse Result in Republic Industries Case Will Not Affect Nissan's Policies or AgreementsCARSON, Calif., Feb. 3 -- Today, in a hearing in the litigation between Nissan North America, Inc. and Republic Industries, the California Federal Court issued summary judgment in favor of Republic, dismissing Nissan's lawsuit. Nissan filed the lawsuit last April due to Republic's refusal to honor its March 1997 agreement to abide by Nissan's dealer ownership limits. In effect, Republic refused to recognize Nissan's right to manage its own retail distribution system. Nissan's objective remains, as it was when it initiated the litigation, to enforce its dealer policies and prior agreement with Republic. In response to today's decision, Whitfield Ramonat, director of operations for the Nissan Division of Nissan North America, issued the following statement: "Nissan relied in good faith upon Republic's statements and actions in which they agreed to abide by Nissan's ownership limits and their obligation to comply with Nissan's ownership policies. This decision does not affect Nissan's policies, the contractual obligations in its dealer agreements or its ability to enforce them, as the court acknowledged. Nissan will continue to enforce our ownership and other policies and our right to manage our distribution system, which includes performance, brand, exclusivity and service as well as ownership. "Nissan will continue to hold dealerships owned by Republic to the terms of their agreements with Nissan. We expect Republic-owned dealerships to abide by Nissan's policies that apply to all dealers, including ownership limits. One of Nissan's major concerns with Republic and the dealerships it currently owns is many of those dealerships have experienced declining sales performance under Republic's ownership."