Archived posting to the Leica Users Group, 2008/08/20

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Subject: [Leica] Fair Trade Laws
From: marcsmall at comcast.net (Marc James Small)
Date: Wed Aug 20 11:05:46 2008
References: <01dd01c902e1$458808d0$6700a8c0@name574e4f1a80>

Until the late 1940's, manufacturers were allowed 
to set the retail prices for their wares.  That 
is, say, Ernst Leitz could direct that a IIIc 
camera body be sold for $185 and, if a dealer 
undercut this, could then regard the distribution 
contract as breached and could then refuse to 
sell any more gear to that dealer.  This became a 
political issue as it was seen to run in 
contravention to the US Federal distaste for monopolistic practices.

This changed under the Truman Administration when 
Congress enacted a "Fair Trade Law", later 
tightened under the Kennedy Administration in the 1960's.

Under the first version, in effect during the 
1950's and early 1960's, the manufacturers were 
only permitted to set the selling price if the 
component were sold complete and entire as 
delivered from the manufacturer.  Thus, a camera 
dealer still found his price fixed by the 
manufacturer when he sold a camera body alone or 
a camera body with a lens from the same 
manufacturer, but could sell at whatever price he 
wished if he placed a lens from another 
manufacturer on the body.  Thus, a dealer was on 
his own he sold a Leica IIIf body equipped with a 
2" f/2 Cooke Amotal lens or the like.  And thus 
was born that wonderful world of non-Leitz LTM 
lenses.  (Someone should write a book .... oh, I already did!)

The second version of the Fair Trade Laws, in 
effect from the early 1960's, only allowed the 
manufacturer to set the "Minimum Advertised 
Price", or MAP.  That is, the dealer was not 
allowed to advertise a price below this but could 
sell for whatever price he wished whether or not 
the item was as delivered from the factory.  This 
led to all of those screaming ads in SHUDDERBUG:  "CALL FOR OUR BEST PRICE!"

The US Supreme Court in a poorly reported Opinion 
not yet posted to their Web Site seems to have 
ruled in the past several days that such Fair 
Trade Laws are Constitutionally impermissible as 
breaching the validity of contract between 
manufacturer and dealer.  I suspect that, once I 
read the Opinion, I will agree with it 
philosophically but I certainly am glad that the 
Warren Court didn't rule that way on the initial 
challenge in 1955 as then my book would have been half its length ....

Marc


msmall@aya.yale.edu
Cha robh b?s fir gun ghr?s fir!



Replies: Reply from bill at grimwood.net (Bill Grimwood) ([Leica] Fair Trade Laws)
Reply from photo at frozenlight.eu (Nathan Wajsman) ([Leica] Fair Trade Laws)
Reply from philippe.amard at tele2.fr (Philippe AMARD) ([Leica] Fair Trade Laws)