“The Illinois legislature has had ample opportunity and has at least once expressly considered explicitly prohibiting manufacturers of automobiles from being licensed as dealers thereof,” reads Atkins’ verdict. “It has declined to do so, and it is thus reasonable to conclude that it had no such intent.”
The dealers’ association, however, argues that the state is giving special treatment to EV carmakers while not considering traditional dealers’ needs. They also claim a direct sales model essentially creates a monopoly as consumers cannot shop around to find the best price.
The dealers’ association represents 700 dealers in the state and cited the Illinois Vehicle Code and Illinois Motor Vehicle Franchise Act in its argument. In other words, public vehicle sales have to be made via licensed and independently owned franchised dealers.