Will the nation’s highest court force higher prices?
In what might be one of the most important consumer-related cases to reach the U.S. Supreme Court in decades, the court has agreed to hear arguments on whether to give manufacturers greater leverage to dictate the "minimum" prices that retailers charge for their products.
The court is being asked to overturn its 1911 decision barring manufacturers from entering into agreements that force retailers to sell products at or above a specified minimum price. If the court agrees, the decision could make it impossible for discounters, including many low-price Web sites, to charge less for those products than other retailers. The court has set oral arguments for March 26.
"You'd be changing the fundamental structure of retailing at a moment when we have this new technology that has been very consumer friendly," said Mark Cooper, director of research for the Consumer Federation of America.
On Feb. 26, the group filed an amicus brief asking the court not to overturn the rule, joining 37 state attorneys general, the American Antitrust Institute, and Burlington Coat Factory, a national discount retailer.
Among those asking the court to eliminate the restriction are the American Petroleum Institute, the cellular communications industry, and PING, a manufacturer of high-end golf products.
But the most notable opposition to preserving the restriction came from the U.S. Federal Trade Commission and Department of Justice. In a joint brief, the agencies said price-maintenance practices should not be prohibited outright, as under current law, but only if they're deemed anti-competitive.
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