POWERS AND DUTIES OF THE BOARD
§ 19.21. [Reserved].
The provisions of this § 19.21 adopted July 18, 1968; amended May 30, 1975, effective May 31, 1975, 5 Pa.B. 1403; reserved July 19, 2002, effective July 20, 2002, 32 Pa.B. 3485. Immediately preceding text appears at serial page (261714).
Notes of Decisions
Restraint of Competition
A substantial Federal question sufficient to confer subject matter jurisdiction is raised by the claim that promulgation and enforcement of 49 Pa. Code § 19.21 (relating to powers and duties) substantially restrains, restricts, and limits competition in the acquisition, purchase, and sale of new cars by nonfranchised dealers in violation of the Sherman Act, but a substantial Federal question is not raised by the claim that this regulation is a violation of economic substantive due process in that the effect may be to hinder or prevent plaintiffs from engaging in the automobile dealer business. Brenner v. State Board of Motor Vehicle Manufacturers, Dealers and Salesmen, 413 F.Supp. 639 (E. D. Pa. 1976).
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