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Thread: Federal Law-Price Fixing-Nuff Said

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    Post Federal Law-Price Fixing-Nuff Said

    As a Reputable, Respected, Authorized, DiabloSport Dealer, and as a Christian, I will not allow this company to become embroilded in petty name calling. We have always run this business in a Christianlike manner, and will continue to do so. As tough as it may sometimes be, my God directs me to LOVE everyone.

    We have been an "Authorized" DiabloSport Dealer from the day DiabloSport opened their doors for business. Simply because a Dealer chooses not to sell DiabloSport's "Custom Programming", or decides not to write their own custom programming, will not make them any less a Dealer than anyone else. There are usually good reasons for sound business decisions, as in this instance.

    This is not directed toward anyone nor any companies, simply stating the FACTS and attempting to educate forum readers on the Law!!!Much has been written and spoken about lower prices on different products. So, again, I contacted our Company Attornies and the Louisiana State Attorney General,,,, here are the documents that we have recieved from them concerning Federal and State Law.

    Basically the law prevents any companies, manufacturers, distributors, or any other entity from dictating the retail price of a product, this is defined as "price fixing". The Advertised Price can be set at a maximum or minimum, but the actual sale price cannot be dictated.

    Verbatim, from the Louisiana State Attorney General, The Honorable Richard Ieyoub:
    "Vertical Price Fixing
    Like horizontal price-fixing agreements among competitors, vertical price-fixing agreements, whereby a seller and a buyer agree with respect to the price at which the buyer will resell, have long been illegal per se. As is true with horizontal agreements, it does not matter how reasonable the agreed-upon price may be or how many good and sound reasons there are for the agreement. Nor does it matter whether the fixed price is a maximum rather than a minimum."

    "There are three Federal Antitrust Laws applicable.

    The three major Federal Antitrust Laws: The Sherman Antitrust Act, the Clayton Act and the Federal Trade Commission Act. As to your companies position, the Sherman Act is applicable:

    The Sherman Antitrust Act has stood since 1890 as the principal law expressing our national commitment to a free market economy in which competition free from private and govern****** restraints leads to the best results to the consumers. Congress felt so strongly about this commitment that there was only one dissenting vote to the Act.

    The Sherman Act outlaws all contracts, combinations, and conspiracies that unreasonably restrain interstate trade. This includes agreements among competitors to fix prices, rig bids and allocate customers. The Sherman Act also makes it a crime to monopolize any part of interstate commerce. An unlawful monopoly exists when only one firm provides a product or service, and it has become the only supplier not because its product or service is superior to others, but by suppressing competition with anticompetitive conduct. The Act is not violated simply when one firm''s vigorous competition and lower prices take sales from its less efficient competitors; rather, that is competition working properly.

    Sherman Act violations are punished as criminal felonies. The Department of Justice alone is empowered to bring criminal prosecutions under the Sherman Act. Individual violators can be fined up to $350,000 and sentenced to up to 3 years in federal prison for each offense; corporations can be fined up to $10 million for each offense. Under some circumstances, the fines can go even higher."

    Just FYI: These documents were recieved in 2003, before our elections, our new State Attorny General is Charles Foti. The names change, but, the law remains the same.
    DT


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    well said.

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    Like the man said "The truth, the whole truth, and nothing but the truth, so help you God?"
    DT

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