Wednesday, January 14, 2015

Tesla Motors: FTC Says States Shouldn’t Ban Direct Sales

Remember when New Jersey and Misouri were banning the direct sales of Tesla Motors’ (TSLA) Model S to consumers? Well, the Federal Trade Commision has weighed in, and it’s recommending that Missouri and New Jersey “repeal their prohibitions.” From the FTC’s press release:

Associated Press

Federal Trade Commission staff submitted written comments to Missouri State Representative Michael J. Colona and New Jersey State Assemblyman Paul D. Moriarty in response to requests for comment on legislative proposals that would alter the ability of automobile manufacturers to sell their cars directly to consumers. The proposed Missouri bill would expand current prohibitions of such sales by franchisors to also include sales by any manufacturer, regardless of whether they use independent dealers. In New Jersey, several bills would create limited exceptions to state law that, as currently interpreted, requires motor vehicles to be sold only through independent auto dealers.

According to the comments by staff from the FTC's Office of Policy Planning, Bureau of Competition, and Bureau of Economics, current laws in both jurisdictions "operate as a special protection for [independent motor vehicle dealers] – a protection that is likely harming both competition and consumers." The comments note the staff's strong opposition to state laws that mandate a single method of distributing automobiles to consumers.

Shares of Tesla Motors have gained 1.3% to $191.10 at 2:47 p.m.

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