Sec. 5. A successor:
(1) who acquires the rights to manufacture or distribute an existing product; and
(2) who:
(A) does not reappoint the existing wholesaler to distribute the product;
(B) reduces the existing wholesaler's territory for the product; or
(C) offers to compensate the existing wholesaler in an amount less than the fair market value determined under section 7 of this chapter;
must comply with this chapter. A successor's designee must also comply with this chapter.
As added by P.L.224-2005, SEC.19.
Structure Indiana Code
Title 7.1. Alcohol and Tobacco
Chapter 25. Product Transfer Between Wholesalers
7.1-3-25-1. "Existing Wholesaler"
7.1-3-25-4. "Successor's Designee"
7.1-3-25-4.5. Transfer of Products Meeting Sales Percentage Threshold Prohibited
7.1-3-25-5. Successor Requirements
7.1-3-25-6. Notice to Wholesaler of Change in Territory
7.1-3-25-7. Determination of Fair Market Value of Wholesaler's Distribution Rights
7.1-3-25-8. Territory Continues Until Compensation Received
7.1-3-25-10. Location of Arbitration Proceedings; General Provisions
7.1-3-25-11. Monetary Award Only
7.1-3-25-12. Arbitration Costs; Decision of Arbitrator Binding
7.1-3-25-13. Failure to Receive Compensation
7.1-3-25-14. Good Faith Settlements Not Prohibited
7.1-3-25-15. Not Applicable to Wholesaler's Breach of Distribution Agreement