The "minimum advertised price" problem doesn't bother me. You can get around that with quoting individually, and refusing to publish a price at all online or in print. Not PUBLISHING a price below $X isn't the problem - its refusing to SELL below that price, and using as justification an agreement between the retailer and distributor or manufacturer not to do so!
The per-se violation of the law happens when you set an MSRP and then tell dealers that they CANNOT sell for less than some number (MSRP, MSRP less some percentage, or just a fixed number) without retaliation being levied against them.
That is a classic case of vertical price restraint, and it is a per-se Sherman Act violation.
We'll see if the FTC takes interest in this - letter (modified to reflect the case law I've found - thanks guys for the pointers) goes out tomorrow!
The per-se violation of the law happens when you set an MSRP and then tell dealers that they CANNOT sell for less than some number (MSRP, MSRP less some percentage, or just a fixed number) without retaliation being levied against them.
That is a classic case of vertical price restraint, and it is a per-se Sherman Act violation.
We'll see if the FTC takes interest in this - letter (modified to reflect the case law I've found - thanks guys for the pointers) goes out tomorrow!