Understanding Direct Competition [Education]: Legal Insights and Implications
Definition & Meaning
The term direct competition refers to the situation where a vending machine or facility operates on the same premises as a vending facility managed by a blind vendor. However, if the vending machines or facilities are located in areas where employees generally do not have easy access to the blind vendor's facility, they are not considered to be in direct competition.
Legal Use & context
Direct competition is primarily used in the context of the Vending Facility Program for the Blind, which is governed by federal regulations. This term is relevant in administrative law and disability rights, particularly regarding the rights of blind vendors to operate without undue competition. Users may find forms related to vending operations or disability rights through platforms like US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A blind vendor operates a vending machine in an office building. If another vending machine is placed in a break room that is easily accessible to all employees, this would be considered direct competition.
Example 2: A vending facility is located in a restricted area where only certain employees can access it. If a blind vendor operates a vending facility nearby, the restricted vending facility would not be in direct competition. (hypothetical example)
Relevant laws & statutes
Major regulations governing direct competition include:
- 34 CFR 395.1(f) - Definitions related to the Vending Facility Program for the Blind.