
On June 28, 2007, the Supreme Court reversed a 96 year-old ruling to allow manufacturers to set minimum pricing with its retail partners. Now, a group of retail discounters, led by
Ebay and Costco, are returning to the Hill to plead their case and have the ruling overturned. Their argument is that rigid price controls impede their ability to remain competitive. The manufacturers argue that ensuring a minimum price for their product is part of their brand management.
Each argument on its own is not without merit, but who is right here? Ostensibly, both are a question of brand enforcement: the retailers need to maintain low prices and the manufacturers don't want to associate a "discount" message with their product.
What of the opposite phenomenon?
Wal-Mart is a discount retailer so large that it is able to dictate to manufacturers not only the price for which they want to sell it but also what they want to pay for it. Although a much rarer
occurrence, minimum pricing does go both ways.
In my opinion, the manufacturers do have a right to set a minimum price. Just as a manufacturer has
merchandising, release date, and other demands, price is just another factor within their ability to effectively manage their brand once it is in the hands of the retailer. In addition, retailers are not completely without power. If a retailer doesn't want to sell at the manufacturer's minimum price, they have the option to buy from another supplier. If the retailer's argument is that they need that brand on their shelves in order to remain competitive...... well that kind of answers that question, now doesn't it?
What do you think?
Labels: branding trends, corporate branding