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Retailers Struggle With Ruling That OK'd Price-Fixing

Enabling manufacturers to set minimum prices leads to collusion, some say

By Jim O'Neill,  Newser User

Posted Aug 18, 2008 10:57 AM CDT

(Newser) – A Supreme Court ruling that last year allowed manufacturers to set minimum sale prices for their goods is giving retailers fits, the Wall Street Journal reports. Manufacturers, barred from the practice for nearly a century, are being allowed to punish retailers who discount their products by cutting off supplies. Some retailers are fighting back by steering customers toward other brands.

“It's becoming a nightmare operating a business," says the founder of an online home-improvement outfit. "It just makes it so difficult to compete." Until a 2007 Supreme Court ruling involving a Dallas store selling discounted handbags, it was an antitrust violation to punish retailers selling cut-rate products. Increasing numbers of manufacturers now can drop retailers who trim prices.

A shopper looks at new handbags.
A shopper looks at new handbags.   (AP Photo/Russel Daniels)
What we're seeing here is the potential for a reshaping of the retail landscape in America, one expert says of a Supreme Court ruling enabling manufacturers to set minimum sale prices for products.
"What we're seeing here is the potential for a reshaping of the retail landscape in America," one expert says of a Supreme Court ruling enabling manufacturers to set minimum sale prices for products.   (AP Photo)
Expensive handbags sit on a display waiting for a shopper to approach in a Nordstrom store in Cherry Creek Mall in Denver.
Expensive handbags sit on a display waiting for a shopper to approach in a Nordstrom store in Cherry Creek Mall in Denver.   (AP Photo/David Zalubowski)
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