DEALER SERVICES CORPORATION AUTOMOTIVE FINANCE CORPORATION Anti-trust, Intercompany Creditor Agreement, Unfair Competition Carmel, Indiana

AFC & DSC Intercompany Creditor Agreement may Violate Anti-Trust Laws

AFC alleged that its former employees took computer records and trade secrets to their new jobs at DSC, founded by former AFC president John Fuller in a verified complaint filed August 17, 2005.

DSCs counterclaim alleged that AFC refused to enter into a blanket intercompany creditor agreement with DSC and engaged in unfair competition that interfered with DSC's prospective business relationships by providing false information to potential customers of DSC.

DSC sought $25,000,000 for punitive and other damages and contended AFCs lawsuit was an attempt to drive DSC out of business, and to illegitimately intimidate current AFC employees from pursuing employment at DSC.

Twelve DSC employees were required to take paid leaves of absence ranging from two to six months in the settlement agreement between AFC and DSC.