LeisurePro now an Oceanic Authorized Dealer?

[DiveSite]

Actually, the Supreme Court in the famous "colgate" (this ruling is the basis for the so-called "colgate rights" that all manufacturers who exercise price controls proudly trumpet) case says the manufacturer CAN establish a minimum retail price, providing they do so as a "unilateral" business policy and fairly terminate dealers who violate the policy. What they CANNOT do is enter into an AGREEMENT with the dealer to regulate the actual price. Important Note: Oral arguments will be heard by the Supreme Court on Leegin v PSKS on March 26 of this year. The question before the Court is .........."will minimum retail price agreements continue to be per se illegal or should each instance be judged by the increasingly popular "rule of reason" established by the court." I will make a different post on this issue later today if time permits.

Phil Ellis

Here's a link to the above referrenced case: (I think) Leegin v PSKS

 

[PhilEllis]

I agree to an extent....there is however a "store" in California that is a front for LP and alot of the things they buy go straight to LP. There are also bigger retailers that contribute to buying in bulk, due to their current online selling capabilites, and unloading half of what they bring in to LP. Its not just going from the Manu. to LP....sometimes yes, but alot of times, NO.......

Take Pinnacle for example....no LP presence until they brought in a certain retailer....as soon as they brought that retailer in, LP "somehow" started getting Pinnacle products......

Im not talking about Europe, these companies are here, not overseas Phil

That particular California retailer has been known as the LP source for years and years. There is not a SINGLE scuba manufacturer that does not realize that the gigantic sales to that dealer are going directly to LP. Simply having the boxes take a short "stop" at that dealer does not wash the manufacturers clean. It is, no matter how you slice it, direct sales.

I said in my earlier post that it was impossible for the stuff to come from Europe. The volume is simply too large.

So, I stand by what I said.........same set of rules, and they never change.

Phil Ellis

 

[mike_s]

That particular California retailer has been known as the LP source for years and years. There is not a SINGLE scuba manufacturer that does not realize that the gigantic sales to that dealer are going directly to LP. Simply having the boxes take a short "stop" at that dealer does not wash the manufacturers clean. It is, no matter how you slice it, direct sales.

So why do the manufacturers keep shipping to this dealer? If they know?
(that question is almost rhetorical... I know...)

I mean clearly this particular California dealer can't be selling that much gear into their 'military sales program'.

I think the manufacturers like having these 'direct sales'. I doubt the boxes actually ever stop at his shop.

 

[Dive Right In Scuba]

So why do the manufacturers keep shipping to this dealer? If they know?
(that question is almost rhetorical... I know...)

I mean clearly this particular California dealer can't be selling that much gear into their 'military sales program'.

I think the manufacturers like having these 'direct sales'. I doubt the boxes actually ever stop at his shop.

There are more than just this store in Cali......that is just one instance. Some Manuf. tend to just look the other way....as you have said before about this in another thread MIke, its Money.....Some actively try to stop this, and others just say to retailers they actively try to stop it......There are even some retailers on this board that sell to the gray market


Some dealers refuse to sell to them because we all know who they are, and thats why you dont see there stuff on LP....they dont sell out for the money

 

[node1]

Leisure Pro tells me "We are in the process. We will be one very shortly."

 

[PhilEllis]

Here's a link to the above referrenced case: (I think) Leegin v PSKS

Here is a link to the 5th Circuit Decision

PSKS v Leegin 04-41243

We also had a December thread with a little discussion on this issue. Much more has happened since that thread died. I will post some more on it later.

http://www.scubaboard.com/showthread.php?t=170420&highlight=leegin+v+psks

Added Note: I am going to phone Pete and ask him to restore our "famous" thread for public viewing. I no longer fear the $2000 an hour lawyers. I think everyone should be able to read back through this thread. Pete, if you see this........put "the" thread back up.

Phil Ellis

 

[mannella9]

It all comes down to one thing, MONEY. Once leisure Pro starts selling Oceanic at distributer prices and sees its business drop off, they will drop it and go back to gray market. They can sell it for cheap and are making a fortune doing it so why change is my question? More and more people will buy there stuff offline, especially as times get tighter. There will be always someone that cant make there quota (if there is one in the scuba business) for the year and will feel the pressure from the manuf. to SELL and they will sell to LP to move product. I think the whole thing about stopping online sales and making official letters about unauthorized dealers are things to make the distributers happy, because there probley all complaining that LP/online is killing there business. Lets face it, the manuf. are moving product and like I said earlier it all comes down to MONEY!

 

[DiveSite]

.......... Lets face it, the manuf. are moving product and like I said earlier it all comes down to MONEY!

Like you said, it all comes down to MONEY. That's why most everything is made in China now and not in the USA.

 

[Dive Right In Scuba]

I think the whole thing about stopping online sales and making official letters about unauthorized dealers are things to make the distributers happy, because there probley all complaining that LP/online is killing there business. Lets face it, the manuf. are moving product and like I said earlier it all comes down to MONEY!

I think you mean retailers...but I dont really care about LP...the people that shop here come here for a reason, and they keep coming here. They know what they are getting from me, and in the rare case that LP is lower, my customers see the value in buying from us, or do it because they dont care and have fun with us:14: SO to say we are mad that LP is killing our business is not fair, it may be killing those that dont have good business practices...and I hope it does, out with the bad and in with the good

Like you said it does come down to money, but thats both sides...yes we want to make money, hell its our lively hood....and you want to save money, its your lively hood 2........I would be foolish to not make money and you would be foolish to not try and save money.....

 

[Dive Right In Scuba]

Like you said, it all comes down to MONEY. That's why most everything is made in China now and not in the USA.

Thats because consumers wont pay the higher money to have things made here....then those same people that complain about losing a job to foreign countries, go out and complain about the price of something american made and go buy foreign because its cheaper......People keep trying to save money and in the end, its just collapsing part of our economy and making it worse.....Vicious cycle