The Petroleum Marketing Practices Act was enacted to strike a new and ostensibly fairer balance of power between franchised retail gasoline distributors and their patron oil companies. The author examines the rights of the parties to a gasoline distributorship franchise in the circumstance where the franchisor, who is also- the landlord, wishes not to renew the agreement at its expiration date. The statutory language, legislative history and case law are examined to determine whether the Act has accomplished the task of placing the franchisee in a viable bargaining position. The commentator suggests that a more liberal reading of the Act could provide for greater franchisee protection without damage to the legislative purpose.
Janet A. Sheehan,
Establishing a Balance of Power: The Petroleum Marketing Practices Act and the Franchisor as Landlord,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol22/iss3/7