I haven’t seen too much of this floating around the blogosphere yet, and maybe it’s my paranoia kicking in, but this morning’s Supreme Court ruling piques my curiosity.
From the New York Times: The Supreme Court on Thursday abandoned a 96-year-old ban on manufacturers and retailers setting price floors for products. In a 5-4 decision, the court said that agreements on minimum prices are legal if they promote competition. The ruling means that accusations of minimum pricing pacts will be evaluated case by case. The Supreme Court declared in 1911 that minimum pricing agreements violate federal antitrust law. Supporters said that allowing minimum price floors would hurt upstart discounters and Internet resellers seeking to offer new, cheaper ways to distribute products.
So, why is this interesting to the Internet and Ecommerce world?
What’s unclear from the article is how far the price floor extends. Let’s use Harry Potter books as an example. Even though the franchise sells more books than anything else being published, retailers actually don’t make that much profit on the sales. Thanks to major chains like Wal-Mart and Amazon selling the book at discount as a way to get people into their stores, the retail price hovers below other books.
But now it seems that the Harry Potter Publisher could set a minimum price if it wanted, effectively stopping Amazon from pricing below the competition.
This has further reaching effects if you start taking into account all the Amazon Associates and Ebay sellers out there. These companies have done a great job creating as close to a free market economy as you can get. Now, the law looks like it’s going to allow the stifling of that free market, putting the power back into the hands of producers, who can now decide the prices before they even reach the market. And I don’t have any idea how this affects the secondary market for items.
Another example is a widget system like Mpire.com whose whole reason for being is to help consumers find the lowest prices on items being sold on the web. Well, if this "lowest" price is being set by the manufacturer, how does any small discount retailer make any noise to grab a customer?
Unless I’m reading into this wrong, this appears to be a strike at Internet Ecommerce. Manufacturers don’t like when there is little surplus in their supply and demand graph, and have now artificially manipulated the system to get that surplus back. I’m sure there will be more to come on this.