- Joined
- Apr 14, 2006
- Messages
- 23,117
Yes. You have to be careful. Generalizing without data I don't think that there is a lot of that when Amazon is the seller but I have seen some real ripoffs offered by third parties.
Yes, but my recollection is that there was a court case (last 10-20 years?) that made minimum pricing legal. Google Fu just now gives me this: https://www.reinhartlaw.com/knowled...urns-century-old-rule-setting-minimum-prices/
As I mentioned earlier, the Leegin case merely says that retail price maintenance is no longer per se illegal. Rather, an antitrust action challenging the RPM now must meet the rule of reason test. However, if the plaintiff can show market power, anticompetitive effect and no procompetitive justification, the vertical restraint will violate the antitrust laws. It is indeed a much harder case to make than the prior regime, where all you needed to prove was the existence of the agreement and it was presumed to be anticompetitive.
Simply put, "not per se illegal" does not mean "legal in all circumstances"