United States District Court, W.D. Wisconsin
ORDER FOR PRELIMINARY INJUNCTION AGAINST CDK GLOBAL,
D. PETERSON District Judge.
on the parties' written submissions, documentary
evidence, and the evidence presented at an evidentiary
hearing, the court concluded that Authenticom is entitled to
a preliminary injunction. Dkt. 172. As explained more fully
in the court's July 14, 2017 opinion and order, (1)
Authenticom has made the requisite showing of likelihood of
success on the merits of its antitrust claims; (2)
Authenticom will suffer irreparable harm if the court did not
grant preliminary relief; (3) the balance of hardships tips
in Authenticom's favor; and (4) the public interest is
not disserved by the entry of a preliminary injunction.
Accordingly, defendant CDK Global, LLC, is preliminarily
enjoined as provided in this order. Those enjoined include
defendant CDK Global, LLC, and its officers, employees,
agents, attorneys, and all those acting in active concert or
participation with them, which the court will refer to
collectively as CDK.
preliminarily enjoined as follows:
must not prevent Authenticom from using dealer login
credentials to provide data integration services for dealers
who, as of May 1, 2017, had authorized Authenticom to provide
data integration services, subject to the following
a. Authenticom may access only the parts of the CDK DMS that
an authorizing dealer itself is authorized to access.
b. Authenticom may access and extract only the data fields
that the dealer authorizes Authenticom to access and that are
reasonably necessary for Authenticom to provide the data
integration services that the dealer requests. Authenticom
must destroy any other information that it incidentally
extracts during any screen-scraping process.
c. Authenticom's access to the CDK DMS is generally
limited to read-only data exporting. Notwithstanding this
general limitation, Authenticom may use
“write-back” functionality to provide
data-cleansing services for those dealers for whom it was
providing data-cleansing as of May 1, 2017.
d. This order does not prevent CDK from blocking
Authenticom's access to the CDK DMS that exceeds the
access authorized in this order.
order will be implemented through the following procedure:
a. Within five business days of entry of this order,
Authenticom will provide to CDK a list of dealers (with
sufficient information to uniquely identify each dealer) for
whom Authenticom was providing data integration services
using dealer-provided login credentials as of May 1, 2017,
along with all usernames and passwords Authenticom uses at
b. Within two business days of receipt of that list, CDK will
cease blocking or disabling the identified dealer login
credentials for 45 days. During the 45-day period,
Authenticom will be able to access dealer data on CDK's
DMS as provided in paragraph 1 of this order.
c. During that 45-day period, Authenticom will request that
each CDK dealer that intends to use Authenticom for data
integration services during the pendency of this preliminary
injunction sign a dealer authorization form. The dealer
authorization form will authorize CDK to issue a single
username and password to Authenticom, created specifically
for Authenticom to provide data integration services for that
d. The dealer authorization form must: be signed by an
individual authorized to bind the dealer and to authorize the
release of dealer data; identify the specific data fields and
accounts within the DMS that the dealer authorizes
Authenticom to access; agree that the Authenticom-specific
username and password will not be used by or shared with any
person or entity other than Authenticom; and acknowledge that
the dealer will not attempt to hold CDK responsible for
misuse of the Authenticom-specific credentials or the data
acquired with it.
e. Within two business days of receipt of a dealer
authorization form, CDK will issue an Authenticom-specific
username and password to Authenticom for its use in providing
data integration services ...