Can a supplier dictate an RRP to a seller?

Can a supplier dictate an RRP to a seller?

Author
Discussion

fellatthefirst

Original Poster:

585 posts

155 months

Wednesday 1st October 2014
quotequote all
I have had an email from a supplier of our's today asking us to amend our pricing to be in line with the suppliers RRP.

Now i'm pretty sure that's against the law? Surely that would constitute as price fixing?

Anyone on here in the know?

southendpier

5,254 posts

229 months

Wednesday 1st October 2014
quotequote all
Yes I believe it is

Vixpy1

42,622 posts

264 months

Wednesday 1st October 2014
quotequote all
Yes, as far as i know it contravenes and EU law. Thats why its called a Recomended retail price

Nothing to stop them not supplying dealers who don't toe the line though

anonymous-user

54 months

Wednesday 1st October 2014
quotequote all
Unless it is a newspaper or magazine (IIRC price fixing is allowed for these items) then price fixing is indeed illegal

I don't think a supplier asking you to adjust prices in line with rrp is per se illegal

However, making it a condition of trade is illegal

For that reason, sending such an email is foolish as it could be evidence of attempted price fixing if the supplier later withdraws supply to you (no supplier is going to cite your retail pricing as the reason for not supplying you)

If you don't price somewhere in line with RRP, your supply of said goods from said supplier is likely to be stopped or, if the supplier has any sense, your prices will go up by the difference necessary to mean that you can only achieve your current margin by selling at (or slightly above) rrp

fellatthefirst

Original Poster:

585 posts

155 months

Wednesday 1st October 2014
quotequote all
Thanks for the replies. I'm pretty sure the supply will stop selling to us but i've got the hump and told them so.

I'll show the emails to my solicitor. It just annoys me. We sell everything new with a 35% margin and they are emailing us telling us to raise our prices and that all other sellers have. If we don't they will stop supplying us.

If they did stop supplying us, it wouldn't make that much difference to us (profit wise) overall but it's just the principal of it that's annoyed me.


jammy_basturd

29,778 posts

212 months

Wednesday 1st October 2014
quotequote all
Is the supplier/company in question a global sportswear brand?

Magog

2,652 posts

189 months

Wednesday 1st October 2014
quotequote all
Or a green German tool company?

Rude-boy

22,227 posts

233 months

Wednesday 1st October 2014
quotequote all
jammy_basturd said:
Is the supplier/company in question a global sportswear brand?
One would hope that such a company wouldn't let someone as flicking stupid as the person writing to the OP near a computer...


So many people fail to remember one of the golden rules - "Never write down what only ever needs to be said."

Zato

324 posts

181 months

Wednesday 1st October 2014
quotequote all
Just send emails to competition authority. They are well and truely £&)(;:

Fines can be massive

anonymous-user

54 months

Wednesday 1st October 2014
quotequote all
If they really have written an email to you that says if you do not increase your retail selling price then they will stop supplying you then they are bonkers

You should contact the CMA forthwith

either using this form https://www.gov.uk/government/publications/report-...

or given them a ring and discuss the email with them first 020 3738 6000


Muncher

12,219 posts

249 months

Wednesday 1st October 2014
quotequote all
Rude-boy said:
ne would hope that such a company wouldn't let someone as flicking stupid as the person writing to the OP near a computer...


So many people fail to remember one of the golden rules - "Never write down what only ever needs to be said."
Unless all of your phone calls are recorded as a matter of course, in which case tell them over a coffee!

fridaypassion

8,553 posts

228 months

Wednesday 1st October 2014
quotequote all
Nothing you can do about it. Its the way of the world. I have seen many many companies do it. Maybe I'm now one of the ones that does it? Who knows? wink

If all the retailers start undercutting eachother it devalues the product and is bad for everyone. The alternative for the manufacturer is to bin off all their retailers and deal direct.

If you are making good margins on it suck up the instruction and try using upselling or offers to push you above competitors.


selym

9,544 posts

171 months

Wednesday 1st October 2014
quotequote all
Isn't this what Apple do with iphone tariffs? I might be wrong.

whoami

13,151 posts

240 months

Wednesday 1st October 2014
quotequote all
fellatthefirst said:
I have had an email from a supplier of our's today asking us to amend our pricing to be in line with the suppliers RRP.

Now i'm pretty sure that's against the law? Surely that would constitute as price fixing?

Anyone on here in the know?
Are you a Rolex retailer?

Mermaid

21,492 posts

171 months

Wednesday 1st October 2014
quotequote all
whoami said:
Are you a Rolex retailer?
OP said he makes 35% at his reduced prices, so unlikely.