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Kentucky Contract between Manufacturer and Distributor Regarding Minimum Advertised Price
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FAQ
However, RPM agreements are usually unlawful because they prevent you from offering lower prices and setting your prices independently to attract more customers. If you have been involved in RPM with your supplier, you may both be found to be breaking competition law.
A manufacturer does have a legal right to set a suggested retail price (a manufacturer's suggested retail price or MSRP). The manufacturer also has the right to terminate a retailer who prices below the MSRP.
In general, there's no federal law requiring companies to honor a price that's wrong on the shelf. There are laws against false or deceptive advertising, but if a company can show the pricing error was just that, an error or mistake, then it's not false advertising.
According to the California Attorney General, the state's antitrust and unfair competition laws prohibit vertical price-fixingnamely, a supplier cannot require, or agree with, a reseller of the supplier's products to resell at a minimum price (e.g., not below MSRP), or at a set price (MSRP).
You must not claim a discount against the recommended retail price (RRP), if the RRP is significantly higher than the price generally charged for the product.
A: The key word is "suggested." A dealer is free to set the retail price of the products it sells. A dealer can set the price at the MSRP or at a different price, as long as the dealer comes to that decision on its own. However, the manufacturer can decide not to use distributors that do not adhere to its MSRP.
A supplier can, however, issue non-binding RRPs for its products or impose maximum prices above which its retailers or distributors may not resell the products, provided that the RRP or the maximum price does not amount to a fixed or minimum resale price as a result of pressure or incentives.
Generally, if you sell in big volume it might be a good idea to go below the manufacturer's RRP. Be wary, though that some manufacturers and distributors look down on stores that do so because the pricing might be important for their brand image.
Minimum advertised price policies are unilateral programs that manufacturers can use to limit their retailers from advertising products below a predetermined level. Unlike resale price maintenance (RPM) agreements, MAP policies don't strictly limit product pricing.
While it used to be that manufacturers could only suggest a minimum retail price, the U.S. Supreme Court changed that rule. Now, manufacturers may, under appropriate circumstances, require a minimum retail price to be charged. Manufacturers cannot agree between themselves to set prices for their products.