jeraldjcook:After reading Beech Nut and Park, Davis & Co. more closely, I'm not sure either would apply as in both cases there was no agreement between the two parties. I would imagine that manufacturers have all LDSs sign some sort of agreement. BTW, you realize 362 U.S. 29 is the Park, Davis & Co. case right? Law background?
Some companies in scuba don't have a thing "written" in the dealer agreements regarding the pricing. It is enforced by word of mouth (via reps and sales management) and practice (majority of LDS only too happy to comply). There is also situations where a dealer signed the initial dealers agreement with no ending date, only to be presented another years later that had retail price restrictions under the threat that he/she would be cut off if they didn't sign the new dealers agreement that superseded the old non expiring contract.
I cut and pasted the wrong one, should have been 257 U.S. 441
Law background?, heck no, only some practice in reading the National Defense Act while I was in the military (Canada's version of U.C.M.J.)
In fact one company in the scuba industry tells its dealers not to report those that violate pricing, to avoid falling squarely under this. On another note the fact that products are available from grey market sources actually lessens the problem, after all how can there be a proven monopoly when the grey market does in fact exist?