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Old 03-30-2010, 10:19 PM   #34
Kali Yuga
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Quote:
Originally Posted by basschick View Post
interestingly enough, musical instrument sales is another place where price fixing exists. the difference is it's been around long enough (they call those prices MAP) that the ftc is involved.
No, the difference is that NAMM was, in fact, engaged in price fixing -- specifically, retailers collaborating in secret to share prices, and thus act anti-competitively. From the FTC's own take (http://www.ftc.gov/opa/2009/03/namm.shtm):

"The complaint states that at meetings and programs sponsored by NAMM, competing musical instrument retailers discussed strategies for raising retail prices. Retailers exchanged information on competitively sensitive subjects, including prices, margins, and MAP policies."

In contrast, no one is collaborating on ebook prices in this manner. Publishers are turning retailers into agents and specifying prices. However, publishers do not appear to have gotten together in a secret room to unilaterally set prices, nor have the retailers done the same.

In addition, at least one publisher has specified they will engage in dynamic pricing, and drop prices over time. In fact they can point out how they are slashing their cover prices in half.

Unless the FTC or AG's office suggests otherwise, I don't see much genuine evidence that this is truly "price fixing."
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