It is price fixing, and they do it in the US because they can. They can't get away with it in Europe. However, if you buy something from a European company, ScubaPro won't honor the warranty in the US - you would have to send it back to Europe for repairs. I have had a love-hate relationship with ScubaPro for years over their policies. I love their regulators and BCD's, but I won't pay their anti-competitive prices. So I buy from Leisure Pro, and accept the fact that I don't get the ScubaPro lifetime warranty. But that warranty is not worth as much as you might think anyway. I have a MKV reg that I bought from a ScubaPro dealer about 40 years ago. I lost the warranty card years ago, and I can't even get the second stage serviced any more - even if I pay for it!
I go to an authorized dealer that will price match Leisure Pro, which is very nice. What it comes down to, is that they are trying to prevent a Travelocity effect on their product, where their profit margins get thinner. It is certainly anti-consumer. But it is not price-fixing. For it to be, Scubapro would need to be colluding with all dive shops, as well as competitors, to set a floor for prices on goods (thus creating a cartel) which is by definition what price fixing is.
What they
are doing is attempting to keep prices artifically high by creating information asymmetries, it is hard to shop around with Scubapro because of these policies. Perfectly competitive markets include perfect information (ie you would know MSRP, what the cost of the item for the shop is, etc. and they would know everything including your willingness to pay). If either side can create an information asymmetry in their favor, they can come out ahead in negotiations.
Use Leisure Pro as a guide, and go in and be a tough bargainer with your LDS. If they won't come down on the price directly, ask for things to be thrown in for free. I mean, when I bought my Atomic regulator I went in, it was on sale and being demoed, I nodded and smiled as they told me about the 20%, etc. I tried it, I loved it, and I went in to business mode, as they made me their offer, I ignored it completely and told them in no uncertain terms what I would be getting it for. After some time discussing it with the shop owner and the Atomic rep, they came back and said, "OK, fine." It helped that I already had a positive relationship with them, but be a shark in your negotiations, and ALWAYS be ready to walk away.
My grandmother is one of the best negotiators I know, and can do it in places I would never even think to try to haggle. I mean, she haggles at the damn liquor store. And gets discounts as a result. I am not making that up. Point is, be a tough negotiator, and you can pay lower prices. Don't let that "We aren't allowed to sell below a certain price" line throw you. You have several avenues, even if you are negotiating for a price protected product. I plan to buy a Scubapro SeaHawk BC. I have already called a couple of dealers to find the MSRP, and what they are planning to sell it at. I have a primary plan and a couple of alternate plans to get a good deal on this thing. If they all fail at shop A, I will go to B and C.
Don't get me wrong, I agree that this is a policy that is all about protecting profit margins at the expense of consumer surplus. It would be nice if you didn't have to do this, but that's just how it is with Scubapro. I love their gear, always have, and will go the extra mile to get it. If you want to buy online, you just have to go with a different brand, sadly.
