Section 45.45.760. Civil action.

   (a) A dealer may bring an action in court against a distributor if the distributor engages in activity prohibited under AS 45.45.700 - 45.45.790.
   (b) In an action brought under (a) of this section, the dealer may obtain one or more of the following types of relief that apply to the specific action of the dealer:
        (1) damages suffered by the dealer as a result of the activity;
        (2) an injunction enjoining the distributor from engaging in the activity;
        (3) a requirement that the distributor make a payment or a purchase required by AS 45.45.700 - 45.45.790;
        (4) any other relief determined by the court to be appropriate under the circumstances.
   (c) In this section, "activity prohibited under AS 45.45.700 - 45.45.790" means
        (1) coercion or attempted coercion under AS 45.45.700;
        (2) terminating a distributorship agreement without paying the dealer as required by AS 45.45.710;
        (3) failing to pay the dealer within the time established by AS 45.45.720;
        (4) failing to provide the statement of account as required by AS 45.45.720;
        (5) failing to make a repurchase payment required by AS 45.45.730;
        (6) failing to make a purchase as required by AS 45.45.740(a)(1);
        (7) failing to make the reimbursement required by AS 45.45.740(a)(2); or
        (8) violating AS 45.45.750.

Notes

History

(Sec. 1 ch 15 SLA 2002)