T.R | Title | User | Personal Name | Date | Lines |
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1859.1 | not just bicycles | ALLVAX::JROTH | I know he moves along the piers | Thu Feb 28 1991 12:21 | 12 |
| This is common in other markets, such as home audio. Some well
regarded products are very difficult to get a discount on due to
careful control of dealer networks.
The claim is this is to protect their reputation and ensure proper
demonstration of their equipment.
Anyhow, it doesn't concern me since there are other bicycles
besides specialized (not that I'm in the market for equipment - if
I were I'd want a Merlin anyway.)
- Jim
|
1859.2 | Mom, look what I learned in school today... | CTHQ3::FRERE | Ellas Danzan Solas | Thu Feb 28 1991 14:04 | 9 |
| Funny that this topic has come up the day after my Economics class on
Anti-Trust. This price setting and enforcement by manufacturers has
been going on since the Ronnie-years. Ron and the boys/girls are
advocates of laissez-faire business. Ie: Business can do no wrong and
gov't shouldn't tamper with it. Bottom Line: If you want Specialized
equipment that bad, you're going to have to pay the price. Good for
the dealer who put the sign up.
Eric_just_call_me_John_Kenneth_Galbraith_Frere
|
1859.3 | How come property rights are so rarely considered? | BCSE::KLASMAN | ALL-IN-1 DESKtop for PCs. dtn 381-0731 | Thu Feb 28 1991 14:22 | 19 |
| But the manufacturer has every right to set conditions for dealing with said
manufacturer. After all, it IS the manufacturer's PROPERTY (for those who
believe in property rights). Note that Specialized cannot force a dealer to
sell at 'list price'... they can only ensure that dealers that want to discount
their product don't have access to it.
The dealer also has the right to sell the product for whatever price s/he sees
fit. The dealer DOES NOT have the right to purchase product from any particular
supplier. All commerce must be by mutual consent, which means that both parties
must negotiate terms that are acceptable to each. If agreement can't be reached,
then the two parties don't do business. Its as simple as that.
Kevin_just_call_me_John_Galt_Klasman
ps. I love Specialized Turbo/R tires, but only buy them when I find them on
sale. I might also want a Specialized Allez Epic bike... but would only buy it
if the price is right... which is NOT list price. The same principle I stated
above applies to me and the dealer, and/or the manufacturer; if we can't agree
on terms, we don't do business!
|
1859.4 | | CUJO::BERNARD | Dave from Cleveland | Thu Feb 28 1991 14:46 | 23 |
| >Note that Specialized cannot force a dealer to
>sell at 'list price'... they can only ensure that dealers that want to discount
>their product don't have access to it.
Yet this amounts to the same thing, and is illegal. The FTC is
investigating.
The article states that House Judiciary Committe Chairman Jack
Brooks asserts that resale-price maintenance costs US consumers
$20 billion a year. Lawmakers are trying to eliminate loopholes.
The bush administration, following the laissez-faire Reagan
years, is stepping up investigations.
The article explains that resale-price maintenance benefits the
manufacturers and retailers who don't want to compete. Retailers
for whom price competititon is important lose, as do consumers.
The articles says that "The Specialized policy... contains a dis-
claimer that makes it technically legal.. The Specialized disclaimer
states:" We do not seek and we cannot accept complaints from any
dealer about the discounting practices of another."
Dave
|
1859.5 | Gucci Does It ? | GSFSWS::JSMITH | Chromed Cannondale | Thu Feb 28 1991 16:05 | 12 |
|
Gucci has been doing this for years. I
went to several jewlers that all carried
the same watch that I wanted but was not
willing to pay $500 for. They all said the
same thing. If I sell you the watch for
less than $500 Gucci will pull my license
to sell their products. Sounds like
specialized is only following in their
footsteps.
_Jerry_just_call_me_Adam_Smith
|
1859.6 | Cycling goes interlechewal | IDEFIX::HEMMINGS | Lanterne Rouge | Fri Mar 01 1991 04:00 | 5 |
| Hey, I'm impressed, bikies reading the Wall St Journal!! I must
remember to get the FT next Monday and see what they think about Lemond and
Fignon!!
Robin_just_call_me_a_Beano_reader
|
1859.7 | | MOVIES::WIDDOWSON | | Fri Mar 01 1991 04:43 | 4 |
| You'd be suprised Robin, you might find a better coverage than most
(UK) papers (but dont quote me)
Rod (missing L'equipe a lot less now someone types it in for me...)
|
1859.8 | What's legal, and what's right, are often two different things! | BCSE::KLASMAN | ALL-IN-1 DESKtop for PCs. dtn 381-0731 | Fri Mar 01 1991 07:55 | 32 |
| >Note that Specialized cannot force a dealer to
>sell at 'list price'... they can only ensure that dealers that want to discount
>their product don't have access to it.
>> Yet this amounts to the same thing, and is illegal. The FTC is
>> investigating.
I'm not talking about what's legal, but what's right! And what's legitimate
behavior under the concept of PERSONAL PROPERTY rights, on which this country
was founded. We have quite a few laws on the books that are a total travesty of
justice, that violate the principles of personal property rights, and this is
one of them.
Do you really want the government to tell you how much you can sell your
personal property for, or to whom? (I know the gov't already does this in many
cases, but is that what you want?
re: The article states that House Judiciary Committe Chairman Jack
Brooks asserts that resale-price maintenance costs US consumers
$20 billion a year.
So what? Allowing businesses (like DEC) to make a profit undoubtedly costs US
consumers billions a year, too, so should we not allow anyone to make a profit?
Giving it all away would save consumers a lot, that is, until there was nothing
left to give away, and then we'd all pay dearly.
There is no such entity as "consumers" anyway. We're all just individuals, both
producer (hopefully) and consumer. Thus the only rights we have are individual
rights, personal property rights.
Kevin_just_call_me_Howard_Roark
|
1859.9 | chuckholes & ratholes | CUJO::BERNARD | Dave from Cleveland | Fri Mar 01 1991 09:58 | 15 |
|
What about the "personal property rights" of the retailer to sell his
goods for the price he deems fit for his own market? Without undue
external influence by an outside entity- a much larger corporation?
What about his right to compete on the basis of whatever he sees fit-
such as price? What right does the much larger corporation have to tell him
how to run his business? This country was founded on the rights of
individuals to make their own judgements on how to dispose of their
property- even if at a loss if the retail businessman so wills it?
In any event, how about if this sort of discussion is continued in
the "Kickstands and Global Microeconomics: Keynes vs. Marx" note?
Dave
|
1859.10 | the market is free.... who cares? | CSCOA1::HOOD_R | | Fri Mar 01 1991 11:40 | 27 |
|
I really don't see what the problem is here. Specialized has
guaranteed their dealers a fixed profit per bike. They could easily
raise prices to their dealers to "enforce" a minimum priced charged
for the bike. Instead, they set a policy whereby they can be sure
of a min price per bike.
IF they were the only manufacturer of bicycles sold ( or one of
only a very few), then this could be a problem. IF
ALL (or most) bicycle manufacturers used the same tactics then this
could be a problem. As the bicycle market exists today, though,
there are so many manufacturers and so many bikes out there that
Specialized hardly deserves a second look. Note: because of the
way that they do business, I have not purchased a Specialized
Ground Control since they stopped selling them through Nashbar. I
simply cannot see paying $25+ per tire at a bike shop when there
are so many others around.
I think that there are problems with the way they do business,
but that it doesn't make any difference until those practices
interfere with the bicycle market as a whole.
From my observation ( read "IMHO") , there are fewer new Specialized
bikes on the trail today than there were two years ago. It would
be interesting to see their sales figures for the last 5 years.
doug
|
1859.11 | | RUTILE::MACFADYEN | The Third Pint Syndrome | Fri Mar 01 1991 11:54 | 4 |
| It's simple. What's good for Specialised is good for America.
Rod
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1859.12 | | DANGER::JBELL | Zeno was almost here | Fri Mar 01 1991 12:28 | 3 |
| > It's simple. What's good for Specialised is good for America.
So buy what you think is best, and send a donation to Specialized.
|
1859.13 | Not a rathole, but a CRUCIAL philosophical issue! | BCSE::KLASMAN | ALL-IN-1 DESKtop for PCs. dtn 381-0731 | Fri Mar 01 1991 12:34 | 61 |
| Re: .9, one point at a time...
re: In any event, how about if this sort of discussion is continued in
the "Kickstands and Global Microeconomics: Keynes vs. Marx" note?
I believe the question about whether Specialized's tactic is right or not is
implicit in the base note, so I'll continue. If you're not interested, skip the
rest of this reply(s).
re: What about the "personal property rights" of the retailer to sell his
goods for the price he deems fit for his own market?
Once a retailer has purchased the goods, they are now his/her property and s/he
can dispose of them in any way s/he sees fit. However, the retailer has no
personal property rights over as yet unpurchased goods... those still belong to
the manufacturer who maintains the rights to such goods. I don't believe there
is anything the manufacturer can do (either legally or ethically) to prevent a
retailer from selling the product at a discount (assuming the product has been
bought and paid for... if its on consignment, then that's a different story).
The manufacturer's only alternative is to refuse to sell more product to the
discounting retailer, which is perfectly within the manufacturer's personal
property rights.
As stated above, neither parties rights have been violated.
re: Without undue external influence by an outside entity- a much larger
corporation?
This statement is so ambiguous as to be useless, which is, IMO, why it is stated
, to be used to justify anything.
re: What about his right to compete on the basis of whatever he sees fit-
such as price?
The retailer does have this right, and nothing I've said, or Specialized had
done, has violated that right. The retailer DOES NOT have the right to buy
product from Specialized, or any other manufacturer, for that matter. To give
this supposed right to the retailer is to violate the manufacturer's rights, and
by definition, one person can't have a 'right' that violates someone else's
rights.
re:What right does the much larger corporation have to tell him how to run his
business?
They don't, and they're not. They're simply stating that if both parties can't
agree and a business relationship, then none will exist. No rights violated
here. The disagreement here is obvious.
re: This country was founded on the rights of
individuals to make their own judgements on how to dispose of their
property- even if at a loss if the retail businessman so wills it?
I absolutely agree! And my position protects BOTH parties. The opposing
position does not.
|
1859.14 | | CUJO::BERNARD | Dave from Cleveland | Fri Mar 01 1991 12:51 | 12 |
|
RE: .11
Ha ha!
RE: .13
Write your congressperson.
Dave
|
1859.15 | | ULTRA::WITTENBERG | Uphill, Into the Wind | Fri Mar 01 1991 13:29 | 43 |
| There are two issues here. The first is what it means to offer to
sell to the public, and the second is the basis for anti-trust
law.
Once a person (or corporation) offers to sell products to the
public, they are legally required to make the same offer to anyone
who wishes to buy from them. The most obvious cases were the civil
rights cases: I can't offer to sell only to people of one skin
color, regardless of how sure I am that purple skin is required to
use my products.
Under this argument, Specialized (by offering to sell to the
"public") is required to sell at the same price to anyone who
wishes to buy from them (under the same conditions, which
generally means, similar quantities and delivery times, but does
not include restraints on the purchaser's ability to dispose of
the goods.)
The second argument is more interesting. Classical economic theory
of capitalism assumes that there are lots of small "economic
players" and NO large players. This assumption no longer makes
sense. In the classical theory, there would be about as many bike
manufacturers as bike sellers, and they would all be of similar
size. There would be no opportunity for economic coercion on
anyone's part because if they tried what Specialized is doing
there would be lots of other bikes the dealer could sell.
There are perhaps a dozen major bicycle manufacturers, and about
as many major component manufacturers. There are a dozen bike
shops in a small city. Because of the tremendous disparity in
size, there is an opportunity for the manufacturers to coerce the
shops. This is what Specialized is doing.
Depending on what fraction of the bicycle (or bicycle parts)
market Specialized has, this could be legal (if they have a small
fraction) or illegal (if they have a large fraction).
Of course this whole thing may be counterproductive, as I stopped
buying Specialized stuff when it dissapeared from the mail order
catalogs.
--David
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1859.16 | one more opinion | NODEX::OLEJARZ | | Fri Mar 01 1991 14:11 | 14 |
| The kind of arrangment Specialized insists upon with its retailers
results in a less-free market. In the idealized case, a specialized
retailer would have the flexibility to lower the price to increase
sales. While legal, the arrangement prevents prices from moving
freely and adjusting to demand. It also makes life a lot tougher
for the retailer. It's a good deal for specialized, though.
I believe that this is a case of a larger economic entity (specialized)
forcing a sales arrangement on the smaller retailer. This whole
situation is less important than it might be due to the large number
of bike&equipment manufacturs, which probably result in Specialized
being forced to set a reasonably 'fair' price.
Greg
|
1859.17 | | SOLVIT::LANDRY | | Tue Mar 05 1991 12:45 | 28 |
|
Kevin, I think you're missing one key difference between what
is "right" (and I think you and I basically agree) and what
Specialized, and others, are doing.
Imagine a manufacturer XYZ Products and a couple of retailers
A and B. (pretty imaginative, eh?) XYZ sells widgets to
retailers for $100. Any retailer should be able to buy those
widgets for the same terms. Now suppose the list price on the
widgets is $150. Retailer A decides to sell for $150, no less.
Retailer B decides to sell for $140, $125, maybe even $95 to
get people in his store. Fine, both A and B have decided how
to run their business. Maybe one makes more money than the
other, maybe not. A probably tries to emphasize service, etc.
The problem is when XYZ refuses to sell to B because of B's
resale pricing policy. You're right that B can resell anything
he has for whatever he wants, but if he can't buyany more it
doesn't make much difference.
If one manufacturer (Specialized) in an industry does this, big
dael, buy from someone else. If virtually all do it (like audio
several years ago), it's clearly price fixing at the consumer's
expense. When does it cross the line? The only way to control
it is to allow noone to follow these policies.
chris
|