Brady Posted March 28, 2007 Share Posted March 28, 2007 I'm going to pistol-whip the next ignorant moron to say the words "price-fixing." It's not price fixing. Cobb produces a product. They are in competition with other manufacturers that produce competing products. If they colluded with their competing manufacturers to keep prices high, that would be price fixing. What Cobb has though, is a distributorship. They sell their products through distribution channels. Just as they have the right to determine the price of THEIR product they are selling, they have the right to determine the price of their product when sold by their authorized distributors. Basically, they can say "ok, mr. subie performance tuner guy, you want to sell my product, that's fine and well, but this is what I'm going to give you for pricing, and in turn, you have to maintain a similar price structure such that you don't undercut the determined price I am willing to sell my product to direct to the public in order for me to maintain the profit margin I feel is necessary to keep my business afloat." That's not price fixing. That's making sure your distributors are not harming your business or your image. If a distributor wants to sell it for less, they can - hell, they can choose to take a loss and sell each AP for $100 if they wanted to, they just can't advertise that price and remain authorized to sell the product. Now, if Cobb was in cahoots with ECUTEK and they both decided their systems were going to be $900 each, THAT would be price fixing. Know your history and your law. It will prevent you from looking foolish one day. Link to comment Share on other sites More sharing options...
Brady Posted March 28, 2007 Share Posted March 28, 2007 Ahh, what you describe is still illegal -> anti-competitive conduct. See good 'ole Mr. Sherman and each state's counterpart. MSRP is a SUGGESTED price. A manufacturer can suggest the price of its products for resale, but cannot require it, per se, or dictate it. Same reason why, for example, Panasonic cannot require that best buy sell its plasmas at anything except MSRP... etcetera etcetera. Trust me, I know Dude, your handle is LawGT ... how can you be so ignorant? Cobb isn't requiring them to sell it at that price, they're requiring them to not advertise at anything below that price. BIG difference. This thread, like many before it, makes my head hurt. Link to comment Share on other sites More sharing options...
Jon in CT Posted March 28, 2007 Share Posted March 28, 2007 From http://www.ftc.gov/bc/compguide/illegal.htm: Vertical agreements between buyers and sellers Certain kinds of agreements between parties in a buyer-seller relationship, such as a retailer who buys from a manufacturer, also are illegal. Price-related agreements are presumed to be violations, but antitrust authorities view most non-price agreements with less suspicion because many have valid business justifications. Resale price maintenance agreements. Vertical price-fixing -- an agreement between a supplier and a dealer that fixes the minimum resale price of a product -- is a clear-cut antitrust violation. It also is illegal for a manufacturer and retailer to agree on a minimum resale price. The antitrust laws, however, give a manufacturer latitude to adopt a policy regarding a desired level of resale prices and to deal only with retailers who independently decide to follow that policy. A manufacturer also is permitted to stop dealing with a retailer who breaches the manufacturer’s resale price maintenance policy. That is, the manufacturer can adopt the policy on a "take it or leave it" basis. Link to comment Share on other sites More sharing options...
LawGT Posted March 28, 2007 Share Posted March 28, 2007 Dude, your handle is LawGT ... how can you be so ignorant? Cobb isn't requiring them to sell it at that price, they're requiring them to not advertise at anything below that price. BIG difference. This thread, like many before it, makes my head hurt. Ahhh, no. My comment was based on the facts as provided by the OP I quoted (that Cobb required a certain price). You, my friend, can reserve the ignorant comment. Read what I said carefully. The key is that Cobb cannot REQUIRE a certain price, per se, but can SUGGEST (as in MSRP) or else (strictly speaking) be in violation. My commnt was extremely general in nature... But if what you say is true (that there was no requirement of price, but instead of not listing a price lower than MSRP), then things are different. Also, see what Jon in Ct posted. And yes, "law" is in my screen name....wonder why. Link to comment Share on other sites More sharing options...
lawl Posted March 28, 2007 Share Posted March 28, 2007 Ahhh, no. My comment was based on the facts as provided by the OP I quoted. You, my friend, are the ignorant one (hey, you started it ). Read what I said carefully. The key is that Cobb cannot REQUIRE a certain price, per se, but can SUGGEST (as in MSRP) or else (strictly speaking) be in violation. My commnt was extremely general in nature... Also, see what Jon in Ct posted. And yes, "law" is in my screen name....wonder why. Most of my online tags say law on it. but only because my real name is lawrence and people call me law instead of larry. (i aint no stoooooge) car for sale. PM me! Link to comment Share on other sites More sharing options...
FourMoBro Posted March 28, 2007 Share Posted March 28, 2007 i hear "FREEAPV2" works for the accessport Link to comment Share on other sites More sharing options...
Guest Gitster Posted March 28, 2007 Share Posted March 28, 2007 You killing your father Larry. Link to comment Share on other sites More sharing options...
PLTek Posted March 28, 2007 Share Posted March 28, 2007 just to be clear, cobb required the ADVERTISED price to be MSRP;1078678']From http://www.ftc.gov/bc/compguide/illegal.htm: Link to comment Share on other sites More sharing options...
Brady Posted March 28, 2007 Share Posted March 28, 2007 Ahhh, no. My comment was based on the facts as provided by the OP I quoted (that Cobb required a certain price). You, my friend, can reserve the ignorant comment. Read what I said carefully. The key is that Cobb cannot REQUIRE a certain price, per se, but can SUGGEST (as in MSRP) or else (strictly speaking) be in violation. My commnt was extremely general in nature... But if what you say is true (that there was no requirement of price, but instead of not listing a price lower than MSRP), then things are different. Also, see what Jon in Ct posted. And yes, "law" is in my screen name....wonder why. Ah! I see. My apologies. Link to comment Share on other sites More sharing options...
Evilleg Posted March 28, 2007 Share Posted March 28, 2007 so it is illegal to ask for a Discount code??? I know many websites like pricescan, hotdeal, superdeal provide the lowest price or discount codes on their website. I alway get some good deals on that too. Link to comment Share on other sites More sharing options...
LawGT Posted March 28, 2007 Share Posted March 28, 2007 so it is illegal to ask for a Discount code??? I know many websites like pricescan, hotdeal, superdeal provide the lowest price or discount codes on their website. I alway get some good deals on that too. No, but it may be illegal to use a discount code that was meant to be used exclusively by someone else. But you can ask away with impunity... Link to comment Share on other sites More sharing options...
LawGT Posted March 28, 2007 Share Posted March 28, 2007 Ah! I see. My apologies. Link to comment Share on other sites More sharing options...
Billy Dagwood Posted March 28, 2007 Share Posted March 28, 2007 You killing your father Larry. This is what happens when you .. .. ah, good times. Link to comment Share on other sites More sharing options...
shiggins Posted March 28, 2007 Share Posted March 28, 2007 Anywho, when you ready to get the AP, i have plenty in stock, 695USD with FREE shipping and some PLTek,ll/COBB air freshners Ha! I may be taking you up on that offer soon....and I'd better see a PLTek air freshener or else! And none of that cheap vanilla scented crap! It's all good though......and the term "price fixing" at it's core definition is wrong, as many have said. Brady, in his "distributorship" post, hit exactly on what I was trying, so horribly I might add, to say. Now how many hp will that air freshener add? Link to comment Share on other sites More sharing options...
Longitude Posted March 29, 2007 Share Posted March 29, 2007 no has cleared up what a dicount is, i googled it and it kept suggesting other words. It's teh Vietnamese pronun. of teh word, DUH. Wat duh heo. Link to comment Share on other sites More sharing options...
Guest Gitster Posted March 29, 2007 Share Posted March 29, 2007 ^^^^^^^^^ZINggggggggggggggggggggg. This is what happens Larry when the Big Lebowski Jacks your threadzzzzzzz. Link to comment Share on other sites More sharing options...
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