Originally posted by rjstanford
Whoo... where have you been? First, a manufacturer can easily have it in a contract with their distributors/retailers that anyone who charges under MSRP never gets another shipment... while not "direct" control, its pretty darn effective, no?
Second, how often do you see anyone offering discounts from MSRP for Apple products? Dell did it - and now they're out of that market. Amazon does it very occasionally. Circuit City did it for a couple of days on the iPod, then it went away. Apple controls their retailers very strictly, the same way that companies like Bose do (and believe me, that's not flattering company to be in).
-Richard
You are wrong, if the manufacturer controls the price, its considered price fixing. Car dealers like to jack the price of a high demand vehicle up and the manufacturers do not like that. Guess what, they have no say what the dealer does. If the dealer wants to jack the prices up, they can. The scenario you have provided is called price-fixing. You need to brush up on your law Section 5(a)(1) of the Federal Trade Commission Act says this "Unfair methods of competition in commerce, and unlawful or deceptive acts or practices in commerce, are declared unlawful" and in the AMWAY case, this is what a judge ruled. "Combining and conspiring to fix resale prices is a prohibited act, says this Judge, says this Commission, and says hundreds of cases before and after the Amway case. The price fixing lesson from this case can be looked at from three viewpoints, the MLM or Direct Selling Company, the Distributor, in his or her relationship to the Company whose products or services the distributorship sells, and the Distributor in his or her relationship to other distributors.
A company has an absolute right to SET prices. SETTING prices is not FIXING prices. Combinations or conspiracies are needed to FIX prices and one cannot combine or conspire with one self. No matter how many employees of ABC Company sit around the conference table deciding what to charge for the new widget, it is not a conspiracy. However, no independent contractor distributor of the company should ever be at such a meeting. All of the company's employees are part of one legal entity, the corporation, for purposes of deciding whether "two or more persons" conspired to do anything. Have a distributor, or a competitor, or a supplier, or a visitor on a plant tour for that matter attend, and the requirement of "two or more persons" has been met. This, of course, is not automatically an illegal conspiracy, by why even take the chance. The classic example is two or more COMPETITORS agreeing to fix prices, usually to damage a third competitor or just to line their pockets at the expense of the consuming public. The variation on the classic theme, also prohibited by law, is retail price maintenance. It usually involves one manufacturer, with or without the knowing cooperation of one or more of its distributors. It can also involve just two or more distributors.
A company can unilaterally publish SUGGESTED retail prices. A company CANNOT do anything to require that its independent sales force sell at the prices suggested by the company. Amway's practices in the early Sixties were deemed to be illegal acts intended to maintain the retail price of its products.
It is on the issue of retail price maintenance that the Amway case becomes very specific. The Judge writes: "The Rules of Conduct of the Amway Sales Plan published in 1963 required that distributors sell Amway products to consumers at the specified resale price. It also provided that no unauthorized discount be given on sales to other distributors, and fixed the resale charge for freight. The record does not show when Amway stopped using this sales manual or whether distributors were ever clearly notified that it does not express Amway's policy. Such resale price maintenance is per se unlawful.""
Do you know what MSRP stands for? Manufacturers Suggested Retail Price. The key word there is suggested. If a company could control the price, it would be called the MMRP, Manufacturers Mandated Retail Price.