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  #31 (permalink)  
Old 07-02-2007
Thematic-Device Thematic-Device is offline
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Re: Bush's Supreme Court OKs Retail Price Fixing

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Originally Posted by Dilettante View Post
True.
This is probably worse news for big box stores like Wal-Mart than for little retailers. The mega-stores are the ones more likely to drop prices below MSRP because they're the ones who can make it up in volume.
Now if the manufacturer sets a standard sales price, he'll be effectively leveling the playing field.
Or they'll simply make different contracts, depending on their relationship with the particular retailer.


Lets say a manufacturer sets out in their contracts that they're product cannot be sold for anything less then 400% of what it was sold for wholesale. Seemingly an equal scheme. However, when combined with bulk purchasing discounts it would massively benefit large stores, to make small purchasers uncompetitive. Lets say if the retailer received a bulk purchase discount of 5%, it would instead give him an edge on competitors of 20%.

Last edited by Thematic-Device; 07-02-2007 at 07:56 PM.
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  #32 (permalink)  
Old 07-02-2007
Thematic-Device Thematic-Device is offline
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Re: Bush's Supreme Court OKs Retail Price Fixing

edit my math was screy, in a case of a 4x markup on a 100 dollar good

At 5% bulk discount:
With no mandated pricing the advantage is 1.6%
With mandated pricing the advantage is 5%

At 10%
With no mandated pricing the advantage is 2.6%
With Mandated Pricing the advantage is 10%
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  #33 (permalink)  
Old 07-03-2007
liberty1776 liberty1776 is offline
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Re: Bush's Supreme Court OKs Retail Price Fixing

There is nothing wrong with this. When we say that someone owns something, what we mean is that someone owns the rights to that something. And when we say that someone is selling something, what we mean is that someone is selling the rights to that something. For example, if I sell you the rights to my house, you can do with it whatever you want. You can paint it black, red or ornage, you can add a porch or blow it up. The point is, you have the right to do with the house what you please and I have no right to tell you what you can and cannot do.

However, when selling the rights to the house, I need not sell you ALL of the rights. Although this is usually what happens, it is not the only possibility. I may chose to sell you all of the rights to the house except the right to paint porch orange. In other words, you would have the right to do anything with the house except paint the porch orange.

If I am a manufacturer of a product, I can sell all of the rights to this product, or partial rights. For example, I can sell you all of the rights to a product EXCEPT the right to sell it below a certain price.

Issues of Constitutionality are simply irrleavant here. The Constitution does not, in any way, restrict the prices businesses can charge for a product. The Constitution limits government.
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  #34 (permalink)  
Old 07-04-2007
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Angry American Angry American is offline
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Re: Bush's Supreme Court OKs Retail Price Fixing

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Originally Posted by Thematic-Device View Post
Or they'll simply make different contracts, depending on their relationship with the particular retailer.


Lets say a manufacturer sets out in their contracts that they're product cannot be sold for anything less then 400% of what it was sold for wholesale. Seemingly an equal scheme. However, when combined with bulk purchasing discounts it would massively benefit large stores, to make small purchasers uncompetitive. Lets say if the retailer received a bulk purchase discount of 5%, it would instead give him an edge on competitors of 20%.
I was thinking about that as well. Manufacturers could vary their wholesale pricing based on the retailer, and/or volume, and price retailers out of the market for their goods, should they choose.

I'm sure there will be a court case challenging volume pricing as an unfair restriction of trade.

Any way you slice it this looks like a big can of worms.

I really don't know why they did this in the first place, "if it ain't broke, don't fix it."
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  #35 (permalink)  
Old 07-04-2007
Hudson Hudson is offline
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Re: Bush's Supreme Court OKs Retail Price Fixing

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Originally Posted by goober View Post
This is a pure payback to big business ruling, they bought and paid for this court and now it's going to rule in their favor.

Minimum Retail Pricing is all about profits for the manufacturer.
It results in higher margins for retailers, and higher margins for manufacturers.
All paid for by the consumer.
This hurts the retailer who discounts, and the result is a marketplace that has more retailers, but smaller retailers, allowing the manufacturer more control of the market. The minimum retail price, coupled with minimum order amounts, limit the number of competing products a retailer can stock.
This is just the beginning of the bad decisions that this Supreme Court will start to churn out and with the older justices being the pro-consumer liberals, it's important that the Democrats occupy the White House in 2009.
So, you are now defending Walmart?
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Old 07-04-2007
Hudson Hudson is offline
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Re: Bush's Supreme Court OKs Retail Price Fixing

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Originally Posted by Angry American View Post
I wonder if it will be possible to set up some sort of retail buy-back scheme, similar to France's short term car leases. Where they lease cars primarily to foreign tourists for anywhere from three weeks to six months tax free. Then the French auto makers re-sell the cars to the French public--minus a large portion of the initial sales tax not associated with pre-owned cars (that's my interpretation, I'm not fully versed in the details.)

So maybe retailers could take back recent purchases from customers, and then give them a store credit, which they could then use to purchase the same, or different, product. They wouldn't be able to buy the product they returned as it would be in escrow for 30 days, while it was reconditioned.

Manufacturers could also do this to compete on price.

That's just a quick thought on how price fixing might be subverted, but I haven't seen how this law/regulation is written, nor how it will be enforced.

How do manufacturers intend to police price fixing? Word of mouth?

There are an awful lot of deals to be had, which aren't advertised, or published. Those deals are private transactions between the store and the customer. Would it be done in year-end receipts, thus enforced by a new arm of the IRS?

This is more government regulation, and effectively adds a tax to the American consumer, and restricts free trade in the distribution chain.

This will certainly increase the cost of living by several percentage points, which will put additional strain on wages that already fail to keep pace with the cost of living.

If manufacturers don't adjust their mandated retail price with fluctuations in demand, the economy will slow, and the manufacturer who can adjust prices most effectively may hold a competitive edge.

Blah, blah, blah ... this is killing my beautiful Sunday, gotta go out and fire up the grill now.
There will be very few industries affected by this decision. The only one that I know that could have an immediate impact is the auto industry and the discount industry, like Walmart for instance. But it can affect the pharseseudical industry as well, particularly, those international agreements which lowers the price. But the most common example of price fixing is OPEC as well as many countries have legalized cartels, like Japan or Venezuela for instnace. It has only been recently that the EU has ended price fixing in the airline and other industries.

However, in the US, there is already a market for cars as you prescribed. Enterprise, Thrifty, Hertz, and others all sell their cars, online or through intermediaries, on their leased vehicles or dealerships selling their demos. Similarly, you have the foreclosure market on homes and and autos. This decision does not blur the difference between a new or used product now the dispositions of propety under a short sell.
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