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When exporting from Europe to the USA but not sourcing directly from the manufacturer, it is common to receive communications from companies along the lines

(1) in the USA we have a minimum price policy, which you are breaking/you have to source from our US supplier

(2) We forbid export of this product to the USA/it can only be done through authorized channels.

Is it the case that a company is allowed to prevent export of an identical product from a different country. Or is this anticompetitive behaviour which legislation prevents?

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It didn’t work for Nintendo

Nintendo used to have a policy of setting minimum retail prices for its products. If retailers didn’t comply, Nintendo would decrease or eliminate their supply.

In 1991, the FTC investigated Nintendo for price fixing, and Nintendo agreed to pay some money back and to reframe the minimum price as more of a “suggestion.”

Technically, this was a settlement, so the courts didn’t actually rule against (or in favor of) Nintendo. But being investigated by the FTC is already pretty serious.

https://www.upi.com/amp/Archives/1991/04/10/Nintendo-gives-coupons-to-settle-price-fixing-case/5169671256000/

SegNerd
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It may be legal. Before Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007) it was illegal since 1911 under Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U. S. 373 which held that minimum pricing was per se illegal. Leegin overturned that ruling. The basic engine behind this decision is antitrust legislation (§1 of the Sherman Antitrust Act), and the premise that manufacturer price controls might reduce competition. Now the matter must be decided on the basis of judged based on the rule of reason, which is a doctrine saying how that act is to be interpreted. Now,

The accepted standard for testing whether a practice restrains trade in violation of §1 is the rule of reason, which requires the factfinder to weigh "all of the circumstances". This

rule distinguishes between restraints with anticompetitive effect that are harmful to the consumer and those with procompetitive effect that are in the consumer’s best interest. However, when a restraint is deemed "unlawful per se," ibid., the need to study an individual restraint’s reasonableness in light of real market forces is eliminated. Resort to per se rules is confined to restraints "that would always or almost always tend to restrict competition and decrease output." Thus, a per se rule is appropriate only after courts have had considerable experience with the type of restraint at issue

Bear in mind that states can also have separate antitrust laws.

A manufacturer could independently make price guidelines part of their agreement with retailers, and can stop dealing with sellers who do not follow the policy, on a "take it or leave it" basis. Violating a price-suggestion is not directly actionable, but can legally result in a "we won't deal with you anymore" response. Antitrust issues arise if manufacturers conspire to get a result, or if retailers conspire. On the face of it, forbidding importation to the US except through a specific channel smells strongly of anticompetitive behavior.

user6726
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Rules that companies have on their customers in other countries have no weight in the US. The company could stop selling to whoever is selling to your UK company, but they have no power over your sales in the US.

That said, it is unlawful to import grey market items that have been registered and have a trademark or the same name as a product sold in the US. If not registered with US Customs, import is allowed. This is how the "Pez Outlaw" managed to import Pez dispensers direct from Europe bypassing the US-licensed affiliate.

UK laws would be additional.

Tiger Guy
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