Car Dealers Sue Tesla, Citing State Franchise Laws
npr.org
npr.org
Concludes that state regulation is necessary to the extent it neutralizes the disparity in bargaining power between the automakers and the dealers, but that current legislation no longer achieves this and only benefits the auto dealers.
Tesla is not only upsetting the apple cart when it comes to sales but service; I do not agree with their service side changes because it takes choice out of the hands of the consumer. (disclaimer : I work for a parts distributor who happens to own repair shops too).
Dealers are rightly upset because the current system requires them to put up a lot of money in facilities that must be built to specific guidelines. Throw in having to meet manufacturer set requirements for sales and service they do have a large investment. Contrary to belief, the majority of new car dealerships are very good people who do go out of their way to help people.
The idea is to make sure there is market efficiency, e.g. competition, in price throughout, so the consumer doesn't get screwed.
Now the idea of a franchise law like this one is done in a similar vain: it appears to ensure better competition for big car makers to bring their goods to consumers.
The problem is this law is written from a perspective of a couple major car companies that dominate the market.
There has always been an argument that a small player cannot be considered to wield market power, and that thus they should be allowed to be vertical. Apple for a long time avoided any anti-trust issues (while Microsoft didn't) even though it was very much vertical, by being small! Tesla presumably will use the same argument.
Bottom line there are two sides to laws like these: on the one hand, in Tesla's case, they seem anti-competitive. On the other hand they are made to bring about a kind of competition. Clearly the courts will need to resolve this...
I also find it interesting that you also compared them to Microsoft, since Microsoft is now opening retail stores.
The key reason Apple isn't considered a monopoly is that even though they are huge, they don't' have a monopolistic position in their products. For smartphones they have a market share of ~20% worldwide and in the PC market the hold ~5%. Even on the country level, the numbers never get to a level where people would usually scream monopoly.
You could argue that they probably have monopolistic market share on the tablet market but most wouldn't consider that an industry in itself (yet) and they haven't exhibited the characteristics of a monopoly: price setting for the industry and an inability for new players to enter the market. It's actually possible to not be considered a monopoly even with a huge market share if you can prove you don't control the industry.
Apple's normal business model allows them to thrive without being a high volume business; their per device profit margin greatly exceed any competitor, so they can still be hugely profitable with low market share.
The bigger problem for the dying industries is that they're taking on companies that at their core solve problems and disrupt. As opposed to being pathetic and continuing to prolonge the inevitable, they should focus their efforts on product development/sales channels. Or maybe even become a little innovative themselves.
I'm fairly certain we're all sick of private-industry and government colluding together in the name of state-sponsored profit. No industry deserves a guaranteed profit margin.
It's certainly possible for a business dedicated to distribution and sales to provide an experience superior to that of a manufacturer doing sales on the side. It's tougher in this case because cars are a big-ticket item, so manufacturers have an easier time justifying their own distribution and sales network than somebody who makes a trinket you need to sell at Walmart. However, the bigger problem is that car dealerships today are in no way optimized for providing an experience superior to anything.
You've misplaced the emphasis. It's the people working in the industry that need to innovate (by finding something else to do). The industry itself seems to be obsolete.
When you factor in something unusual, like a Wankel engine, the experience gets exponentially worse. Just browse any RX-7 or RX-8 forum and you'll see nothing but horror stories whenever anyone asks "where should I have my car serviced?". So much for the dealer's investment in "expensive equipment and training". They don't... they hire the cheapest labor that meets their loose requirements.
Now take that difference even further and eliminate the ICE and replace it with 6k+ Li-Ion cells with their own cooling system, an AC induction motor, high powered inverter and the related heavy cabling, and you're going to have massive confusion and problems in a dealer whose primary sales and training is for conventional vehicles. Of course, a possible answer could be _exclusive_ dealerships with _extremely_ strict requirements for training and such, but I'm sure there are probably laws against that as well.
Ultimately, the ICE car companies still have the innovator's dilemma in front of them. It's not that they don't see the benefits of new technologies, they just don't have a path that allows them to maintain their current size and infrastructure at the same time.
A few of the things Tesla is capitalizing on:
1) Dell's "just in time" manufacturing.
2) Google's use of commodity hardware for scaling. Big iron servers vs linux boxes that can fail individual is like the the li-ion batter pack with several thousand cells vs large nickle-based batteries.
3) Toyota's quality based on open, healthy, workplace relationships that put quality ahead of quantity.
4) Apple's retail store model that seeks to inform without a pressure to buy using a simplified comparison model.
5) The benefit of being the disrupter instead of the disrupted.
6) Engineering focused leadership instead of sales focused leadership; a solid product sells itself.
7) Infrastructure to support interstate EV travel.
In time, the entrenched auto companies will likely fail or shrink to shells of their former selves. Much of what needs to change has been a problem for 30 some years and runs orthogonal to what they're used to.
However, there will always be some new car retailers because some people like to buy new cars in person and drive them immediately. I think the standards for sales staff will continue to change away from the old commissioned, "pal" model to the new non-commissioned, quant/car nerd model. It is a change that seems to be defining this generation of workers.
Isn't this a case where the free market actually would account for that scenario? It's not like they have a car monopoly.
edit: e.g. let's say my apple laptop breaks, even if I could fix it or get it fixed by a third party for cheap, I have to take it to the apple store to not risk losing my warranty completely.
The manufacturer's warranty can only be voided if the manufacturer can prove that the warranty claim arose directly due to the owner (or someone they paid). So if the owner changes their own oil and the rear bumper falls off? Warranty.
They own Oakley, Ray-Ban, LensCrafters, Pearle Vision and Sunglass Hut. They also operate Sears Optical and Target Optical.
They also produce eyewear under license for names such as Coach, Anne Klein, Bulgari, Prada, Polo, Versace, Ralph Lauren, and Tiffany.
http://online.wsj.com/article/SB1000142405274870451890457536...
Making manufacturers divest of retail operations is a way to break up their monopoly.
My wife and friends (24-27 years old) have been getting their glasses at $100 a pop, no strings attached, from these companies for a few years.
That sounds interesting. I'm curious why.
It is basically the story of stopping evil monopolies combined with need for companies to expand reach quickly in a non-internet world (see Singer sewing machines and GM) dovetailing into more anti-trust laws and then local job protection schemes meshed with laws codifying the 100 year old business model (we are talking stuff that started before automobiles).
Apple doesn't have a problem because they came after. If you think this is screwed up, then don't buy a boat.
http://en.wikipedia.org/wiki/United_States_v._Paramount_Pict....
btw, there is a bug the hn code... add a period at the end of the url to see the link
Is there a statement more indicative of the fear of innovation in archaic industries?
Let's hope that laws like this begin to vanish and clear the way for innovation.
If they don't, I'm sure Mr. Musk will find a workaround. They could essentially setup their retailing operation as a separate legal entity and work around this.
And that's what big auto needs to understand - legal ploys to stop progress will only be met with more legal maneuvers. How about cessation of belly aching and movement toward a change in the product and retail model?
According to the story: Mark Seegar claimed, "he walked past Tesla Motors' Bellevue, Wash., showroom. It's one of a handful of Tesla's company-owned stores. Within five minutes, he'd put down a deposit for an electric car that costs more than $50,000."
Tesla's site: "As it is, our Product Specialists could not sell you a car today under any circumstances, as Model S is already sold out several months in advance and there is no inventory on site. All they can do is get you to consider placing a reservation." http://www.teslamotors.com/blog/tesla-approach-distributing-...
Now how much would you bet that this argument will win this case for Tesla?
> Tesla’s stores are a bit different – essentially showrooms to gain consumer interest and education. For those impressed and wanting to buy, they’re directed to a computer to make their deposit and place their order.
Tesla here is clearly navigating on purpose through a gray area in which the customer is technically not buying anything from the show room.
(c) It shall be deemed a violation of subsection (a) of section 3 for a manufacturer, distributor or franchisor representative:
...
(10) to own or operate, either directly or indirectly through any subsidiary, parent company or firm, a motor vehicle dealership located in the commonwealth of the same line make as any of the vehicles manufactured, assembled or distributed by the manufacturer or distributor.
http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/...
> The Gallery does not sell cars, but serves as a place to educate visitors about our groundbreaking electric vehicles.
The website does not say this about Tesla's other locations.
Is McDonalds a Apple dealer because I can order an Apple from inside the restaurant? Is the city library an Apple dealer?
If the argument is true that this location, which does not accept money or purchases, and which does not deliver cars, is a car dealership, only because some people are using the internet to place deposits on cars with a company in another state, then the library and McDonalds are Apple dealers.
And furthermore, since I can also access http://carsdirect.com from the library and McDonalds, then under this principle, the library and McDonalds are both car dealers as well.
does a car manufacture have a place displaying their car in which the car can be ordered.
Apple is not party to any of the car franchise laws (there are no computer franchise laws) and McDonalds doesn't make cars. We are talking about a case relating to actual laws.
"Let's say consumers really liked buying from a factory store. That would put dealers in a tough spot because they've been saying for years that the franchise system is actually good for customers," [Jeremy Anwyl] says.
I think he hit the nail on the head. I would say the franchise system is only good for the franchise owners, not the customers.
I remember getting my first car when I was 16. I was so excited, I drove the thing home and didn't realize the car mats weren't in it. I called the next day: "Sorry sir, Car mats don't come with used Vehicles. We do sell them though ($350!!!)"
The thought of car dealerships going out of business and being replaced by a better business model feels nearly too good to be true. Here's hoping its not!
Fast forward a few days I walked in and purchased the car. They have it ready the next day. Problem is they forgot the temporary plates and we didn't notice that. I drove it 40 miles home and then discovered the plates. The salesman drove the plates out to my home address on his way home from work.
A coworker had problems with his Mercedes SUV, opposite end of the spectrum from a used Sunfire. He had it checked out and came back to the office in a very sour mood. I asked to look at the quote - they planned to replace the plugs, wires, and coils (V8) for $3,600! I looked at it closer and saw a very common game being played. They used the numbers "from the book" for the hours required for each replaced component as if you would replace each component individually and added them all up. In reality, if you're replacing the plugs, you're already pulling the wires, so it adds no time to the work at all (maybe a few seconds per wire). There's not much to add for the coils if you're replacing the wires either.
After much prodding, I managed to get him to get a quote at a non-dealer shop and when he showed the guy his quote, he pointed out the exact same cons that I did. End result, he saved 2/3 of the dealer's quote.
I could tell you other (bait & switch, rudeness, etc.) stories about BMW and Audi dealers, including a coworker's experience trying to buy a brand new one.
Here is an excerpt from my blog: "According to a Polk and Autotrader.com study, 70% of new and used car buyers use the internet while shopping for their vehicle, with 58% of all buyers listing the internet as the most influential element in their car buying process. But the online car buying process doesn’t stop there. In fact, eBay Motors has sold 4.62 million passenger vehicles solely online since its inception."
See the post here:http://salemove.com/buying-a-car-on-the-internet/
Think about it. How can a government own a car company then legislate against other car companies? I know it's federal gov buying and local gov ruling in this example, but it's a slippery slope nonetheless. It would be like mark Cuban becoming the commissioner of the NBA while still the owner of the mavs. Anyone here think that would end well?
http://www.bloomberg.com/news/2012-07-24/bmw-bets-mouse-clic...
They are still banned their today, but properly mostly because the town use it as a turist attraction.
I'm not sure about the US, but by the early 20th century the American auto industry was on the offensive, setting up shell companies[2] to buy up and dismantle inner-city trolley lines.
[1] http://en.wikipedia.org/wiki/Locomotive_Act
[2] http://en.wikipedia.org/wiki/Great_American_Streetcar_Scanda...
This is like saying the shit the horses leave behind is good for the road/environment and also smells nice. I think we all know the real answer.
There's a sea change on the horizon.
Now - that being said - I don't disagree with the sentiment here. The traditional car sales model sucks and I think is ripe for disruption. But don't necessarily throw the baby out with bath water ;)
For example - I bought an espresso machine for a friend the other day. I called one of the better retailers out there and spoke to a super-helpful saleswoman who talked me through the various options, gave me differences between models, what's worth paying for and what's not, and based on my personal preferences, helped me pick the right one. It was a totally pleasant experience.
But what made it particularly excellent was that she wasn't (to my knowledge) pushing one particular brand/model. She had at her disposal about 20 different brands and guided me to the "best fit" based on my needs.
Maybe that's an opportunity for car dealers in the future -- maybe manufacturers sell directly and we get independent "car sales consultants" who don't work for a particular brand....?
I got this ad in the mail today from a local Jeep dealer. Dealers clearly have no clue. Could you ever imagine Tesla thinking up such a dumb promotion?
The first time I heard the phrase "ruinous competition" used this way, I nearly jumped out of my chair.
But this is why the OP mentions the challenge that Tesla will have in providing local repair service. If it can crack that problem, it may open the door to manufacturer shops of other car models as well.
There is a huge imbalance of power in this relationship. Since their creation the statutes have been captured by special interest just like every other regulation.
Politicians just want to get reelected.