Sun Jul 22, 2007 8:33PM EDT
See Comments (13)
You bought a bunch of equipment at rock-bottom prices from a wholesaler looking to make a quick buck and unload old inventory. Your idea: Sell it all on eBay and make a tidy profit. Nothing illegal here, mind you: All the sales are legitimately acquired goods; no laws are being broken. That may not matter, alas. A series of recent court cases have categorized many deals like this as "unfair competition," granting the manufacturers of these goods the right to shut down auctions from people they believe are selling products "too cheaply."
The cases are varied, but the rulings have been consistent, as the courts have granted manufacturers broad rights in determining how and how inexpensively their products may be sold. You've probably already seen some of this in action: The best example is that "Price too low to display" message you get on many internet retail sites. They are forbidden by the manufacturer from advertising prices below a certain level, so you have to add the item to your shopping cart before you can be told how much it is. The courts have upheld all of these restrictions as good for "promoting interbrand competition."
Now the action has moved to eBay, which has been a Wild West of retail since its inception. eBay has long been willing to get involved in auctions and cancel them at the request of nearly anyone who makes a claim.
Right now companies are targeting larger eBay resellers, the kind of people that make a living reselling new products in bulk, but this always trickles down to the individual as the claims get more and more loosely interpreted. Could you soon face legal action or have your auction suspended if you try to resell a product online that you bought but realized you didn't really want? Well, try selling an old copy of Microsoft Windows online and see what happens...
LINK: Companies Claim Right to Interfere with eBay Auctions for Charging Too Little
Join in the discussion. Here you'll see the comments in the order they were posted.
Don't understand the concept. Presumably the wholesaler got the merchandise through legal channels. The manufacturer is out of the picture. Example: I buy a repossessed car at a legal auction for a fraction of what it is worth. Of what concern is that to the manufacturer? They already got their money from the original buyer or bank. If the bank is willing to take a loss at auction, that's their business and has nothing to do with the manufacturer. The manufacturer gave up all ownership rights to the product at time of original sale.
They are trying to screw small sellers. I can get bags like real prada, dolce and gabbana etc for 10% of the cost legally... often these bags may have been in an ad and cant be sold as new or may have been sold or disposed of as inferior quality ( like one 12k bag had a 1 inch double stitch error - who would know?) I sold it for 2k. All legal... SO now they say I am improper and illegal competition? There is no competition. People who buy on ebay would not buy the original at retail ... period. The only exception may be a MS- Office or MS-windows because they have a monopoly... I would prefer to use apple or something else but I have to have some pc's in the office. But with other retail goods like bags, clothes, etc.. what will happen is a new blackmarket will develop... People who live off of selling on ebay will find somewhere else to sell thats below the radar and the customers will find them? Think I'm wrong... all you have to do is look at the alcohol trade, making it illegal didnt stop the flow so what happened is it majically became legal again
y3nn0b - The rules typically only apply to new goods, not used. The idea is that they want to keep their big resellers happy and continuing to stock their product (think Best Buy, Wal-Mart) by preventing others from undercutting the going price. Hence, they set a floor below which you can't sell.
There are a number of factors involved here. Yes, competition is good for the market. It creates efficiency. However, most folks here seem to think that the "competition" problem here is between manufacturers of goods. That is not the case. It is between sellers of goods. Here's how it works in a nutsheck Sellers of goods, online retailers, brick and mortar retail stores, small businesses, etc., purchase products wholesale from the manufacturer. Generally there will be many sellers purchasing these goods at generally similar prices and reselling them. Since you can get the same product at multiple retailers, each retailer needs to provide you with a reason to buy that product from them. Sometimes products are exclusive to one retailer, sometimes it is convenience of purchasing location, but many times it is price. Generally price is the greatest determining factor in selecting a retailer. So, as the story goes, multiple retailers buy the same product and all retail it. Pricing battles ensue. Eventually the retail price is pushed down so far that it is no longer profitable and the retailers cease to sell it. This is where it comes back to the manufacturer. With the product no longer profitable to sell, retailers no longer purchase it. In todays competitive marketplace, there are generally many similar options in a given product category and most goods have low switching costs, so people will switch to another brand of product without too much complaint. If Target and Walmart suddenly stopped selling Crest toothpaste, how many people would really be so put out as to complain? Most would just start using Colgate or Rembrandt or something else. It is for this same reason that boutique apparel retailers like Banana Republic only sell their own clothes and do not allow others to sell them. In order to survive as a business, they must protect their margins. I'm not saying I entirely agree with the actions by manufacturers, I'm just saying I understand why.
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1 Posted by mlwedell on Thu Sep 3, 2009 7:23PM EDT Report Abuse
Whatever happened to the free market system?