Court grants Toyo's application for GTY tires

July 20, 2010

The United States District Court for the Central District of California has granted, in part, Toyo Tire U.S.A. Corp.'s application for a preliminary injunction against its partners in the GTY joint venture tire plant in Mt. Vernon, Ill.

The court ordered Continental Tire the Americas LLC. and Yokohama Tire Corp. to comply with the partnership agreement by providing Toyo with its allocation of radial truck and bus tires. All other requested equitable relief was denied.

The court ordered the defendants to submit a report within two weeks that sets a timetable for satisfying Toyo’s outstanding truck and bus tire orders, which will include approximate dates of deliveries and quantities. “It is the court’s intent that the defendants put in place a scheme for delivery which approximately replicates historic delivery rates for the period 2008-2009. Where necessary to achieve this, the defendants shall give priority to Toyo’s outstanding orders over orders by the defendants of a later date,” court records state.

Toyo had sought a preliminary injunction against Continental and Yokohama, accusing the firms of  "depriving Toyo of its agreed-upon share of truck and bus tires," according to court documents.

Toyo ordered nearly 290,000 truck and bus tires from the GTY plant, which was established 22 years ago. (The company obtains more than 60% of its North American market truck and bus tires from the factory, according to court documents.)

For full background on the controversy, see Toyo seeks relief vs. GTY joint venture partners, and New-development-in-Toyo-GTY-joint-venture-case posted on www.moderntiredealer.com.