Daniel Crane, the Frederick Paul Firth Senior Professor of Law at University of Michigan, discusses how decades-old dealer-distribution laws hinder innovation and consumer choice in the electric vehicle market. Topics include challenges with car dealerships, asymmetric information in car buying, power dynamics of car dealerships, and competitiveness in the automotive industry.
Electric vehicle companies like Tesla and Rivian depend on direct-to-consumer sales due to the lack of incentive for car dealers to sell EVs under the traditional dealer distribution model.
Dealer protection laws that restrict direct sales by EV companies have negative implications for consumer welfare, restricting choices, reducing market access for EV startups, and hindering technological innovation in the EV industry.
Deep dives
The history of dealer protection laws
In the 20th century, almost every state passed dealer protection laws to safeguard dealers from competition from their franchising manufacturers. These laws, which prohibited manufacturers from opening their own retail stores, were put in place when there were only three large car manufacturers and dealerships were mostly small, family-owned businesses. However, with the rise of electric vehicle (EV) companies like Tesla, the question arose whether these laws applied to companies that wanted to sell directly to consumers. Since 2014, there have been political battles between car dealers and EV companies over direct sales, with a coalition of EV companies, environmental groups, and pro-consumer groups advocating for direct sales.
The disadvantages of dealer distribution for EV sales
The traditional dealer distribution model, which relies on small margins on car sales and higher profits from servicing, does not work well for selling electric vehicles (EVs). EVs have fewer service needs and over-the-air updates, making the service component less lucrative for dealers. Studies, including one by Consumer Reports, have found that traditional dealerships often have no incentive to sell EVs and may even discourage buyers from purchasing them. This hinders the market penetration and growth of EVs. Consumers are also dissatisfied with the high-pressure sales tactics, unfair pricing, and lack of transparency commonly associated with dealerships.
The impact of dealer protection laws on consumers and innovation
Dealer protection laws, which aim to limit direct sales by EV companies, have negative implications for consumer welfare and technological innovation. These laws prevent consumers from accessing a wider range of EV options and restrict competition. They make it inconvenient for consumers to purchase and service EVs, thus reducing choices and restricting market access for EV startups. The laws also hinder the ability of established automakers to adapt to the transition towards EVs. By advocating for direct sales, a coalition of EV companies, environmental groups, and pro-consumer groups aims to empower consumers, promote market competition, and drive innovation in the EV industry.
One of the benefits of electric vehicles is they cost less to maintain. But that also means there’s less profit to be had in servicing their warranties, which gives car dealers less incentive to sell them. That’s why EV makers like Tesla and Rivian depend on direct-to-consumer sales and distribution. Unfortunately, there are decades-old dealer-distribution laws standing in the way. Rob and Jackie sat down with Daniel Crane, the Frederick Paul Firth Senior Professor of Law at University of Michigan, to discuss how these laws harm consumers and undermine technological innovation.