The Federal Trade Commission has terminated a 1954 consent order against Harley-Davidson Motor Company. The order pro- hibited Harley-Davidson from selling its products on the condition that the purchaser will not use or sell motorcycles, motorcycle equipment, parts, accessories, oil, or other related products supplied by its competitors; enforcing any existing exclusive dealing arrangements; and causing its dealers to refuse to buy competitors' products. In granting Harley Davidson's petition to set aside the order, the Commission added that Harley-Davidson remains subject to the federal antitrust laws and state motor vehicle dealer protection laws.
The Commission terminated the order in accordance with its "sunsetting" policy, under which the Commission presumes, in the context of petitions to reopen and modify existing competition orders, that the public interest requires terminating competition orders that have been in effect for more than 20 years.
Harley-Davidson is based in Milwaukee, Wisconsin.
The consent order at issue settled antitrust allegations that Harley-Davidson required its dealers to sell only Harley- Davidson brand motorcycles, parts, and accessories.
In February 1995, Harley-Davidson petitioned the Commission to terminate the order, and the petition was placed on the public record for a 30-day comment period. To accommodate numerous requests for additional time, the comment period was extended an additional 30 days. The Commission vote to reopen and set aside the order was 5-0.
Copies of the Commission's order are available from the FTC's Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; 202-326-2222; TTY for the hearing impaired 1-866-653-4261. To find out the latest FTC news as it is announced, call the FTC's NewsPhone recording at 202-326-2710. FTC news releases and other materials also are available on the Internet at the FTC's World Wide Web Site at: http://www.ftc.gov
(FTC Docket No. 5698)