legal question

Discussion in 'Politics, Religion, Social Issues' started by numlock, May 11, 2012.

  1. numlock macrumors 68000

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    Mar 13, 2006
    #1
    i hope this is the right forum to post this question but i was hoping some legal experts could assist me a little bit.

    would a california based company be doing something illegal if it proposed that two distributors of their product in the same area (european country) would split the market, not offer lower prices than the other one and refuse to service a customer of the other distributor? or are they in the clear since in the end its the distributors that commit the act and they are in a another country and continent?

    thanks in advance
     
  2. jav6454 macrumors P6

    jav6454

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    #2
    Where is this coming from? Also, laws vary from place to place. Also, you are trying to obtain legal advice from an Internet Forum, not a law firm. I suggest you look for advice in the latter.

    Also, this seems a corporate issue, shouldn't the legal team of said company already handle this?
     
  3. mrkramer macrumors 603

    mrkramer

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    #3
    The best advice you'll get online is don't trust an online forum. Anyone can say whatever they want and make up credentials to back it. Get advise from an actual lawyer even though it costs money, you get the advice you pay for.
     
  4. GoCubsGo macrumors Nehalem

    GoCubsGo

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    #4
    It is a colossally bad idea to ask for legal advice on an internet forum geared towards Apple products. Consider the repercussions if you're given wrong advice.
     
  5. numlock thread starter macrumors 68000

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    Mar 13, 2006
    #5
    well i am mostly concerned if the california based company is breaking law in california and the us.

    i am trying to gain a little insight and someone more knowledgeable than me might know the right venue for me to look into.


    btw i am not the california based company. i know of this case and am curious and no actions will be taken solely on advice from this or any other internet forum.
     
  6. jav6454 macrumors P6

    jav6454

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    #6
    Trying to get advice? You already got it from me and two others. Get advice somewhere that is not an Internet Forum, like a professional counselor.
     
  7. GoCubsGo macrumors Nehalem

    GoCubsGo

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    #7
    I really think you're barking up the wrong tree here buddy. No lawyer in their right mind should be dishing out advice in this forum so blindly.
     
  8. numlock thread starter macrumors 68000

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    #8
    you really are cheerful arent you. you dont have to add to your post count on this thread.

    and to add only you had posted when i added my second post and what point do you see in posting on threads were you have nothing to add?

    i assume someone knowledgeable about the law could say if it was a doj case etc. if not so be it.

    the legal eagles on here certainly wouldnt be hiding if there was a news story breaking with apple dictating a foreign market in such a way
     
  9. GoCubsGo macrumors Nehalem

    GoCubsGo

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    #9
    You don't see the pattern here, do you?
    You're asking legal advice giving an extraordinarily small amount of information to which you hope that someone will come here and give you some honest legal input. You don't think you're barking up the wrong tree?
     
  10. jav6454 macrumors P6

    jav6454

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    #10
    First, you do realize posting in the PRSI forum does not increase your post count. So me posting here doesn't increase that. Second, you are asking for legal advice on something called an Internet Forum. Apple case or not, this legal advice should not be taken as law or definite; go hire a professional. Third, even if there is legal advice here, can you trust it?


    I have to strongly agree with this young lady. And to tell you truth OP, I don't usually agree with her. So, there you go.
     
  11. numlock thread starter macrumors 68000

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    #11
    no i am not that into adding to my post tally that i seriously looked into whether this forum added to the post count or not.

    so your advice is that i hire a professional to look into whether a 3rd party committed something illegal?

    nobody was ever going to take the advice here as gospel. like i said if the advice was doj then i might explore that further. if it was another agency same thing etc etc
     
  12. dukebound85 macrumors P6

    dukebound85

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    #12

    There is nothing wrong seeking information from a variety of avenues. If you have said your advice, leave it be. No need to pester the OP if he doesn't choose to act on your advice in a manner you deem appropriate.

    The OP is a big boy. He can make his own calls on these things.
     
  13. jav6454 macrumors P6

    jav6454

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    #13
    True, right you are.
     
  14. dukebound85 macrumors P6

    dukebound85

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    #14
    I agree. The only advice worth acting on is to someone who is qualified and is one the OP has told the entire story too. Asking here may give you a general insight on the question but take it with a grain of salt
     
  15. numlock thread starter macrumors 68000

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    #15
    i guess macrumors should close shop since there are professionals out there that sell most of the "advice" being given here whether its what mac to buy or which is better aperture or lr etc
     
  16. mobilehaathi macrumors G3

    mobilehaathi

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    #16
    Your best bet is to gather all your competitors and each of your suppliers and explicitly decide territory and prices together. It is totally legal but only if you video tape the proceedings and make it publicly available.

    I'm totally a lawyer; trust me.
     
  17. mcrain macrumors 68000

    mcrain

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    #17
    I'm actually a lawyer, and the only question I have is whether the distributors agreed to be bound by any terms and conditions as part of their agreement to become distributors. If the answer is yes, then you have a lot more work to do.

    (edit) There's nothing wrong with asking a question. If you don't know the answer, then say so or shut up. All you have done is try to drive someone away from a forum where they hoped to get an answer. Depending on their circumstances, they migth need to do any of a number of things, but if everyone attacks them for asking, they won't know, will they. Geez.
     
  18. Mac'nCheese macrumors 68030

    Mac'nCheese

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    #18
    I am a California based lawyer whose focus is the export/import business. I can assure you that under international law, your firm would not be breaking any laws if you did this. The rules of most European countries are far different from those here and this type of contracting is common place. And, as you pointed out, it would not be your firm breaking any laws anyway, it would be the distributors that would be carrying out the contracts.
     
  19. mcrain macrumors 68000

    mcrain

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    #19
    He's not really a lawyer, he's a classic side dish made from a curvey pasta and a mix of cheeses. Don't listen to him!!!
     
  20. iJohnHenry macrumors P6

    iJohnHenry

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    #20
    Don't forget the bread-crumbs with Parmesan cheese broiled on top to a nice even brown crust.

    [​IMG]

    As to the subject of this thread, I haven't a ****ing clue, but it does sounds like "market manipulation", at the very least. ;)
     
  21. Scepticalscribe Contributor

    Scepticalscribe

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    #21
    There is nothing at all wrong with asking a question on an internet forum, and I don't believe that anyone here is interested in driving away the OP from doing such a thing.

    That is not the issue and nor is it what has drawn the testy responses. The issue is the response of the OP to those who have answered with the suggestion that he/she seek legal advice formally and be prepared to pay for it. His or her tone is a bit ungracious, to put it mildly.

    I've read the thread, and I think it is impressive that a number of those who are lawyers have posted with their opinions.
     
  22. hafr macrumors 68030

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    Sep 21, 2011
    #22
    In the states? No clue. But if the country in Europe is a part of the EU it is definitely illegal. You can give your retailers a recommended retail price, but to tell them they have to split the market and can't set their prices independently you're counteracting the free competition.

    Being a small company with only two distributors, you'll most likely not get caught. But the contract is invalid, should you try to sue either of the distributors for breach of contract. So they can "invade" each other's areas and compete with lower prices without you being able to do anything about it.

    So either choose one distributor, or two. Don't do what you're asking about.

    If the country is not a part of the EU, I have no idea because it will be dependent of local laws.

    Why people even bother crying about what a bad place the internet is to ask for advice on is beyond me, just because they have no clue about a subject doesn't mean no one else does.
     
  23. thejadedmonkey macrumors 604

    thejadedmonkey

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    #23
    How does that differ from what Apple does?
     
  24. hafr macrumors 68030

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    Sep 21, 2011
    #24
    I'm not really sure I follow... Apple is not hindering retailers from selling Apple products in the same area as other retailers, and is not hindering retailers from setting their own prices on Apple's products. So Apple is in no way doing what the OP is asking about.
     

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