Mike Meier <<email>> writes:

You wrote (http://ozreport.com/12.64#1) :

A recent US Supreme court ruling gives manufacturers the power to set and enforce their list prices at the dealership level if they so desire.

To the best of my knowledge and understanding, the effect of this decision on US law regarding manufacturer control of retail selling price is quite limited. In the past any discussion of retail pricing was automatically assumed to be an act of restraint of free trade, and therefore illegal, with substantial penalties and aggressive prosecution sure to follow. The one specific exception was that if a manufacturer had a program of sponsoring advertising for its retail dealers, it could then require that the dealers not advertise a price below a certain minimum advertised price, or it could withdraw the advertising sponsorship. The manufacturer could still not control the actual selling price, only the advertised price.

Under the recent decision of the court, it is now the case that each act of a manufacturer that relates to retail selling price will be looked at on a case by case basis, instead of being automatically assumed to violate the law. However, if it is found that manufacturer policies result in higher consumer retail prices than the market would otherwise determine, then those manufacturer policies will be illegal. It is still a cornerstone of the law that nothing shall stand in the way of the consumer benefitting from the lowest price the market will allow for, as I understand the law.

For the record, all of Wills Wing's policies regarding dealer interaction with their customers are based on safety and not on selling price. We require that a customer take delivery personally from the dealer on any product that requires any knowledge or expertise to use safely, and that the dealer ensure that the customer has that knowledge and expertise prior to delivering the product. We do not make any effort to set or control the retail selling price of any of our products.