Reiter Oldsmobile, Inc. v. Gen. Motors Corp., 393 N.E.2d 376 (Mass. 1979). · Go Syfert
Reiter Oldsmobile, Inc. v. Gen. Motors Corp., 393 N.E.2d 376 (Mass. 1979). Cases Citing This Book View Copy Cite
“whatever unfairness there may be in the grant of a competitive franchise derives solely from the statutory declaration in c. 93b, 3 , 4”
66 citation events (24 in the last 25 years) across 8 distinct courts.
Strongest positive: W.N. Motors, Inc. v. Nissan North America, Inc. (mad, 2024-09-04)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 26 distinct citers.
discussed Cited as authority (verbatim quote) W.N. Motors, Inc. v. Nissan North America, Inc.
D. Mass. · 2024 · quote attribution · 1 verbatim quote · confidence high
chapter 93b was enacted after c. 93a and applies specifically to unfairness in one industry.
discussed Cited as authority (verbatim quote) American Honda Motor Co. v. Bernard's, Inc.
Mass. · 2000 · signal: see · quote attribution · 1 verbatim quote · confidence high
whatever unfairness there may be in the grant of a competitive franchise derives solely from the statutory declaration in c. 93b, 3 , 4
cited Cited as authority (rule) Axford v. TGM Andover Park, LLC
D. Mass. · 2021 · confidence medium
Motors Corp., 393 N.E.2d 376, 378 (Mass. 1979)].
cited Cited as authority (rule) Walsh v. Teltech Systems, Inc.
1st Cir. · 2016 · confidence medium
Motors Corp., 378 Mass. 707 , 393 N.E.2d 376, 378 (1979); Cabot Corp. v. Baddour, 394 Mass. 720 , 477 N.E.2d 399, 402 (1985).
cited Cited as authority (rule) Sagar v. Fiorenza
Mass. Super. Ct. · 2014 · confidence medium
Motors Corp., 378 Mass. 707, 711 (1979), and must interpret the wording of the statute in its usual and ordinary sense.
discussed Cited as authority (rule) Anawan Insurance Agency, Inc. v. Division of Insurance
Mass. · 2011 · confidence medium
In that court’s view, c. 176D, § 7, is “a statute of general application,” while c. 175, § 177, is “a self-contained statute, prescribing specific remedies for its violation.” Anawan, 76 Mass. App. Ct. at 454 , quoting Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 711 (1979).
cited Cited as authority (rule) Anawan Insurance Agency, Inc. v. Division of Insurance
Mass. App. Ct. · 2010 · confidence medium
“It is a self-contained statute, prescribing specific remedies for its violation.” Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 711 (1979) (discussing G.
cited Cited as authority (rule) Howe v. Tarvezian
Mass. App. Ct. · 2008 · confidence medium
See Clancy v. Wallace, 288 Mass. 557, 564 (1934); Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 711 (1979).
discussed Cited as authority (rule) In Re Pharmaceutical Industry Average Wholesale Price Litigation
D. Mass. · 2007 · confidence medium
Metric Elec., Inc. v. Enviroserve, Inc., 301 F.Supp.2d 56, 71 (D.Mass. 2003) (holding that conduct violating a state statute prohibiting unfair acts by insurers is not a per se violation of Chapter 93A as an unfair or deceptive act); Darviris, 795 N.E.2d at 1201 (finding that a violation of the patient’s bill of rights is not a per se violation of Chapter 93A); Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707 , 393 N.E.2d 376, 378 (1979) ("Not every act made unlawful by statute is unfair or deceptive within the meaning of [Chapter] 93A.”). 56 .
discussed Cited as authority (rule) Hershenow v. Enterprise Rent-A-Car Co.
Mass. · 2006 · confidence medium
Co., supra, where absence of private actions established that insurance field not comprehensively regulated); Reiter Oldsmobile, Inc. v. Gen eral Motors Corp., 378 Mass. 707, 711 (1979) (G.
discussed Cited as authority (rule) Fleming v. National Union Fire Insurance
Mass. · 2005 · confidence medium
L. c. 110A, Uniform Securities Act, intended to provide comprehensive regulation of securities field) 7 ; Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 711 (1979) (remedies sought under G.
cited Cited as authority (rule) Roberts v. Enterprise Rent-A-Car Co.
Mass. Super. Ct. · 2003 · confidence medium
See, e.g., Cabot Corp. v. Baddour, 394 Mass. 720, 723-26 (1985); Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 710-11 (1979).
discussed Cited as authority (rule) Sonogram of New England, Inc. v. Plymouth Rock Assurance Corp.
Mass. Dist. Ct., App. Div. · 2003 · confidence medium
Chapter 176D includes “no provision for private actions for the violations designated in §3 (9) and contemplate [s] enforcement by the Commissioner of Insurance.” Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 711 (1979).
discussed Cited as authority (rule) Deere & Co. v. Ford
Mass. · 2001 · confidence medium
See American Honda Motor Co. v. Bernardi’s Inc., 432 Mass. 425, 427 (2000); Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 711 (1979); Tober Foreign Motors, Inc. v. Reiter Oldsmobile, Inc., 376 Mass. 313, 319 (1978).
discussed Cited as authority (rule) American Honda Motor Co., Inc. v. Bernardi's Inc.
D. Mass. · 1999 · confidence medium
In Reiter, 378 Mass, at 707, 393 N.E.2d 376 , the plaintiff “proceeded on the theory that the grant of a competitive motor vehicle franchise without the current franchisee’s prior approval violated G.L. c. 93B, §§ 3 and 4, and therefore was an unfair method of competition and an unfair or deceptive act or practice within the meaning of G.L. c. 93A, § 2.” There, the plaintiff dealer sought relief only under c. 93A, § 11, and not the remedial provisions of c. 93B.
cited Cited as authority (rule) Subaru of New England, Inc. v. Subaru of Wakefield, Inc.
Mass. Super. Ct. · 1997 · confidence medium
Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 708 (1979); Ricky Smith Pontiac, Inc. v. Subaru of New England, Inc., 14 Mass.App.Ct. 396, 402 , rev. den., 387 Mass. 1103 (1982).
discussed Cited as authority (rule) Commonwealth v. Wellesley Toyota Co.
Mass. App. Ct. · 1984 · confidence medium
L. c. 93A and c. 93B overlap, the latter chapter “is a self-contained statute, prescribing specific remedies for its violation . . . ; in the case of conflict, the provisions of the specific statute must govern.” Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 711 (1979).
cited Cited as authority (rule) MacGillivary v. W. Dana Bartlett Insurance Agency of Lexington, Inc.
Mass. App. Ct. · 1982 · confidence medium
This catch-all provision" was the subject of criticism by Mr. Justice Braucher in Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 710-711 (1979).
discussed Cited "see" American Shooting Sports Council, Inc. v. Attorney General (2×) also: Cited "see, e.g."
Mass. · 1999 · signal: see · confidence high
See Reiter Oldsmobile, Inc. v. General Motors Corp., supra at 711-712; DePasquale v. Ogden Suffolk Downs, Inc., supra at 662.
discussed Cited "see" Foreign Motors, Inc. v. Audi of America, Inc. (2×)
D. Mass. · 1991 · signal: see · confidence high
See Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 709 , 393 N.E.2d 376 (1979) (emphasis added). 3 Thus, a stay of termination is essentially identical to a preliminary injunction, and, as such, a plaintiff must meet the well-established criteria governing entitlement to such relief.
discussed Cited "see" Ricky Smith Pontiac, Inc. v. Subaru of New England, Inc. (2×)
Mass. App. Ct. · 1982 · signal: see · confidence high
See Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 708-709 (1979).
cited Cited "see" Galvin v. Welsh Manufacturing Co.
Mass. · 1981 · signal: see · confidence high
See Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 712 (1979); Rent Bd. of Boston v. Druker, 370 Mass. 348, 349 (1976); Commonwealth v. Horton, 365 Mass. 164, 172 (1974).
discussed Cited "see, e.g." Feeney v. Dell Computer Corp. (2×)
Mass. Super. Ct. · 2009 · signal: see, e.g. · confidence low
See, e.g., Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 711 , 393 N.E.2d 376 (1979) (remedies under c. 93A are unavailable because G.L.c. 93B creates coherent and more specific standards and measures for the business practices among motor vehicle manufacturers, distributors, and dealers): Fleming v. National Union Fire Ins.
discussed Cited "see, e.g." McGonagle v. Home Depot U.S.A., Inc.
Mass. App. Ct. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 711 (1979) (remedies under c. 93A are unavailable because G.
discussed Cited "see, e.g." Darviris v. Petros
Mass. App. Ct. · 2003 · signal: see also · confidence medium
See also Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707, 710-711 (1979) (not every unlawful act is unfair or deceptive); Framingham Auto Sales, Inc. v. Workers’ Credit Union, 41 Mass. App. Ct. 416, 418 (1996) (“a mere breach of a legal obligation under commercial law, without more, does not amount to an unfair or deceptive act under G.
discussed Cited "see, e.g." Whitehall Co. v. Merrimack Valley Distributing Co.
Mass. App. Ct. · 2002 · signal: compare · confidence low
Compare Reiter Oldsmobile, Inc. v. General Motors Corp., 378 Mass. 707 (1979); Cabot Corp. v. Baddour, 394 Mass. 720 (1985); DePasquale v. Ogden Suffolk Downs, Inc., 29 Mass. App. Ct. 658, 662 (1990).
Reiter Oldsmobile, Inc. vs. General Motors Corporation & Another
Massachusetts Supreme Judicial Court.
Aug 7, 1979.
393 N.E.2d 376
Michael G. West for the plaintiff., Daniel L. Goldberg for the defendants.
Hennessey, Quirico, Braucher, Kaplan, Wilkins, Liacos, Abrams.
Cited by 37 opinions  |  Published
Braucher, J.

The plaintiff (Reiter) sought to enjoin the grant of a franchise by General Motors Corporation (GMC) to Tober Foreign Motors, Inc. (Tober), in the market area served by Reiter. The complaint proceeded on the theory that the grant of a competitive motor vehicle franchise without the current franchisee’s prior approval violated G. L. c. 93B, §§ 3 and 4, and therefore was an unfair method of competition and an unfair or deceptive act or practice within the meaning of G. L. c. 93A, § 2. Reiter sought relief only under § 11 of c. 93A, and not the remedial provisions of c. 93B. We hold that the remedies given a motor vehicle dealer or franchisee by c. 93B are the only remedies available for violation of that act.

[*708] We summarize the allegations in Reiter’s complaint. In November, 1975, GMC and Reiter entered into a franchise agreement under which GMC granted Reiter the right to conduct certain "Dealership Operations,” the "non-exclusive” right to buy new Oldsmobile motor vehicles and parts from GMC, and the "non-exclusive” right to identify itself as a "Franchised Oldsmobile Dealer” in the Springfield area. In March, 1976, GMC informed Reiter that it had given Tober an Oldsmobile franchise in the Springfield metropolitan area. Reiter objected and immediately sought to enjoin the grant of the franchise. A temporary restraining order was granted on March 10, 1976, and continued by agreement of the parties until October 12, 1976, when a judge of the Superior Court allowed the defendants’ motions for judgment on the pleadings and entered judgment dismissing the complaint for failure to state a claim on which relief could be granted. [2] Reiter appealed, and we transferred the case to this court on our own motion.

1. G. L. c. 93B. General Laws c. 93B, § 3, inserted by St. 1970, c. 814, § 1, declares unlawful “[ujnfair methods of competition and unfair or deceptive acts or practices” occurring in the automotive industry. Although the act applies to certain transactions between motor vehicle dealers and consumers, it is addressed primarily to unfairness in dealings among motor vehicle manufacturers, distributors and dealers. Id. § 4. See Tober Foreign Motors, Inc. v. Reiter Oldsmobile, Inc., 376 Mass. 313, 319-320 (1978). Unlike the broad prohibition of "unfair or deceptive acts or practices” found in c. 93A, § 2 (a), enacted three years earlier, c. 93B, § 4, specifies those practices that shall be "deemed” unfair or deceptive under § 3. Among those defined practices is the grant of "a competi[*709] tive franchise in the relevant market area previously granted to another franchisee, such relevant market area to be determined exclusively by equitable principles; provided, however, that if the manufacturer wishes to grant such a franchise to an independent dealer ... then the manufacturer shall give notice to the existing dealer or dealers in the area and, unless the parties agree, the matter shall be submitted to final and binding arbitration under the principles herein prescribed, for a determination of the relevant market area, the adequacy of the servicing of the area by the existing dealer or dealers and the propriety of the granting of such additional dealership.” G. L. c.93B, § 4(3)(Z).

Under G. L. c. 93B, § 12, the Attorney General is directed to "enforce compliance with the provisions of this chapter in accordance with sections four to eight, inclusive, of chapter ninety-three A.” In addition, motor vehicle dealers are given in § 12 "the right to damages as provided in sections nine and ten of said chapter ninety-three A.” Although limited injunctive relief is made available in § 4 (3) (c) to dealers threatened with termination of their franchises, there is no general provision for injunctive relief in § 12. Indeed, it appears that the Legislature purposely excluded injunctive relief from the remedies available to dealers by making specific reference in § 12 only to the damages remedy provided in G. L. c. 93A, §§ 9 and 10; § 9 also allows persons aggrieved by violations of c. 93A to seek injunctive relief. [3]

[*710] 2. G. L. c. 93A. By framing its complaint solely under c. 93A, §§ 2 and 11, Reiter sought to avoid the limitation on remedies available under G. L. c. 93B. Section 2 (a) of c. 93A prohibits "[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” The statute itself furnishes no definition of what practices are unfair or deceptive. Section 2 (6) directs courts to be guided in construing § 2 (a) by interpretations given § 5(a) (1) of the Federal Trade Commission Act, 15 U.S.C. § 45(a) (1) (1976), by Federal courts and the Federal Trade Commission (FTC). Under § 2 (c) the Attorney General is empowered to issue interpretive rules and regulations not inconsistent with interpretations of 15 U.S.C. § 45(a) (1) (1970). Section 11, inserted by St. 1972, c. 614, § 2, allows persons engaged in trade or commerce to seek damages or injunctive relief for violations of § 2 (a) or rules promulgated thereunder.

It is doubtful that the conduct charged in the complaint amounts to an unfair or deceptive act or practice under § 2 (a). We have found no decisions of Federal courts or the FTC that condemn the grant of a competitive franchise under 15 U.S.C. § 45(a) (1) (1970). Nor does such a grant appear to us to be "immoral, unethical, oppressive” or "unscrupulous,” or to fall "within any recognized conception of unfairness.” PMP Assocs., Inc. v. Globe Newspaper Co., 366 Mass. 593, 596 (1975) (standard of unfairness employed by FTC). Whatever unfairness there may be in the grant of a competitive franchise derives solely from the statutory declaration in c. 93B, §§ 3 (a), 4 (3) (l). Reiter relies heavily on regulations promulgated by the Attorney General under c. 93A, § 2 (c), which declare that an act violates § 2 (a) if it "fails to comply with existing statutes, rules, regulations or laws, meant for the protection of the public’s health, safety, or welfare promulgated by the Commonwealth or any political subdivision thereof intended to provide the consumers of this Commonwealth protection.” Regulations of the Attorney General, XV-C, 20 Code Mass. Regs. Part 5, at 40 (1976). The scope[*711] of the regulation is unclear. Not every act made unlawful by statute is unfair or deceptive within the meaning of c. 93A, § 2 (a). Mechanics Nat’l Bank v. Killeen, 377 Mass. 100, 109 (1979).

Assuming, however, that GMC’s conduct violated both c. 93A, § 2 (a), and c. 93B, § 3 (a), we think that the provisions of c. 93B must govern Reiter’s remedy. Chapter 93A is a statute of general application to all trade and commerce. Chapter 93B was enacted after c. 93A and applies specifically to unfairness in one industry. It is a self-contained statute, prescribing specific remedies for its violation. The Legislature was aware of the private injunctive relief available under c. 93A, § 9, but made explicit reference in c. 93B, § 12, only to the damage remedy set forth in § 9, excluding by implication injunctive relief. The two statutes may overlap in their coverage, but in the case of a conflict, the provisions of the specific statute must govern. See Pereira v. New England LNG Co., 364 Mass. 109, 118-119 (1973), and cases cited. To hold otherwise would be to overlook the careful limitation on private remedies in c. 93B and render much of the statute surplusage.

Our decision in Dodd v. Commercial Union Ins. Co., 373 Mass. 72, 75-78 (1977), is not to the contrary. The defendant in that case had argued that comprehensive regulation of unfair or deceptive insurance practices under G. L. c. 176D precluded private actions under c. 93A based on conduct falling within the proscriptions of c. 176D. Unlike c. 93B, c. 176D made no provision for private actions and contemplated enforcement by the Commissioner of Insurance. But § 8 of c. 176D provided: "No order of the commissioner under this chapter or order of a court to enforce the same shall in any way relieve or absolve any person affected by such order from any liability under any other laws of this commonwealth.” Language of similar import does not appear in c. 93B. See also Lowell Gas Co. v. Attorney Gen., 377 Mass. 37, 42-43 (1979) (G. L. c. 164, § 78, contemplates that Attorney General take[*712] "appropriate action,” including commencement of litigation under c. 93 A, when notified by Department of Public Utilities of violation of chapter or department order).

General Laws c. 93B has been amended since the entry of judgment below to allow dealers or franchisees to seek injunctive relief for violations of that chapter. St. 1977, c. 717, §§ 3, 5. See note 3, supra. Dismissal of the complaint was proper at the time, but in light of the intervening statute, the judgment dismissing the complaint should be modified so as to be without prejudice to the plaintiff’s right to file an amended complaint seeking appropriate relief under the new statute.

So ordered.

2

Subsequent and related proceedings in this case are reported in Tober Foreign Motors, Inc. v. Reiter Oldsmobile, Inc., 376 Mass. 313 (1978), and Reiter Oldsmobile, Inc. v. General Motors Corp., 6 Mass. App. Ct. 637 (1978).

3

After judgment in the proceedings below, c. 93B was amended by St. 1977, c. 717, § 3, to give dealers a right to petition the Superior Court to stay the grant of a competing franchise. G. L. c. 93B, § 4 (3) (Z). The cross-reference to the damages remedy of c. 93A, §§ 9 and 10, in § 12 was eliminated and, in a new § 12A, dealers aggrieved by violations of c. 93B were given the right to damages and injunctive relief, with no provision for multiple damages in the event of wilful violations. St. 1977, c. 717, § 5. The defendants agree that dismissal of Reiter’s complaint should be without prejudice to its right to file an amended complaint seeking relief under c. 93B, as amended.