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91_HB4420
LRB9112959LDpr
1 AN ACT to amend the Soft Drink Industry Fair Dealing Act
2 by changing Section 15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Soft Drink Industry Fair Dealing Act is
6 amended by changing Section 15 as follows:
7 (815 ILCS 730/15)
8 Sec. 15. Cancellation and alteration of
9 distributorships.
10 (a) No supplier, directly or through any officer, agent,
11 employee, or representative, shall:
12 (1) cancel, fail to renew, or otherwise terminate a
13 distribution agreement without good cause to do so;
14 (2) unilaterally impose any amendment,
15 modification, or change in the terms of a distribution
16 agreement;
17 (3) fail to exercise good faith in the negotiation
18 of any amendment, modification, or change in the terms of
19 a distribution agreement, engage in retaliatory conduct
20 against a distributor for the exercise of a legal right,
21 or otherwise fail to exercise good faith in its dealings
22 with a distributor;
23 (4) discriminate in pricing, fees, charges or other
24 terms of the distributorship against any distributor that
25 withholds its assent to any amendment, modification, or
26 change in the terms of a distribution agreement;
27 (5) restrict or inhibit, directly or indirectly,
28 the right of free association among distributors for any
29 lawful purpose;
30 (6) fail, without good cause, to offer a
31 distributor the right, within its geographic territory,
-2- LRB9112959LDpr
1 to (i) directly or through a cooperative or association
2 of which the distributor is a member, bottle or can any
3 new soft drink beverages introduced by the supplier and
4 process any new soft drink beverage concentrate into
5 beverage syrup, and (ii) sell, distribute, and deliver
6 such soft drink beverages or soft drink beverage syrup
7 under trademarks owned or licensed by the supplier or
8 offer a distributor such right on terms and conditions
9 less favorable than such right is offered to any other
10 distributor of the supplier, including any distributor
11 owned in whole or in part by the supplier.
12 (b) No supplier who, pursuant to a distribution
13 agreement, has granted a person the exclusive right in a
14 generally defined geographic area to (i) directly or through
15 a cooperative or association of which the person is a member,
16 bottle or can one or more soft drink beverages, or process
17 soft drink beverage concentrate into beverage syrup, and (ii)
18 sell, distribute, or deliver such soft drink beverages or
19 soft drink beverage syrup under trademarks owned or licensed
20 by the supplier, shall, directly or through any officer,
21 agent, employee, or representative, enter into an agreement
22 authorizing, permitting, contemplating, or providing for the
23 exercise of any of such rights in the same geographic area by
24 any other person.
25 (Source: P.A. 91-3, eff. 5-21-99.)