Very interesting read. Unfortunately, it is a perfect example of how different jurisdictions view subject differently.
I know nothing about Australia consumer protections and Australia law and legal proceedings. It appears that the issue related here is the advertised price of the goods.
In the United States, the courts have thusfar ruled that minimum advertised price policies are not retail price restrictions and manufacturers are fully allowed to establish rules that govern how their products may be advertised, including the lowest price at which then can be offered in advertising. Oceanic has such an advertising policy in the United States. They do not, however, dictate the price at which items may be sold at the cash register.
There are two manufacturers that continue to insist on limiting product discounting AT THE CASH REGISTER. This is an intrusion that, in my opinion, might violate the law. This is one of those situations that will remain unsolved until someone mounts a legal challenge to the policy through the U.S. courts.
To close, I would like to again reinforce that I no of NO attempt by Oceanic to regulate retail prices. They do have the advertising policy and it is, at this moment, legal.
Edit: I was brought to my attention ( I knew this, but paid little attention) that Oceanic does have a few products where they insist that they be sold for an amount above a minimum price. I still continue to believe that Oceanic is among the LEAST restrictive in the industry.
Phil Ellis
www.divesports.com
I know nothing about Australia consumer protections and Australia law and legal proceedings. It appears that the issue related here is the advertised price of the goods.
In the United States, the courts have thusfar ruled that minimum advertised price policies are not retail price restrictions and manufacturers are fully allowed to establish rules that govern how their products may be advertised, including the lowest price at which then can be offered in advertising. Oceanic has such an advertising policy in the United States. They do not, however, dictate the price at which items may be sold at the cash register.
There are two manufacturers that continue to insist on limiting product discounting AT THE CASH REGISTER. This is an intrusion that, in my opinion, might violate the law. This is one of those situations that will remain unsolved until someone mounts a legal challenge to the policy through the U.S. courts.
To close, I would like to again reinforce that I no of NO attempt by Oceanic to regulate retail prices. They do have the advertising policy and it is, at this moment, legal.
Edit: I was brought to my attention ( I knew this, but paid little attention) that Oceanic does have a few products where they insist that they be sold for an amount above a minimum price. I still continue to believe that Oceanic is among the LEAST restrictive in the industry.
Phil Ellis
www.divesports.com
Thought some may be interested, so just fyi....
Oceanic Diving Australia Pty Ltd
Oceanic Diving admits engaging in resale price maintenance
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