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PPT 11-35
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PPT 11-36
fair play in pricing. In addition, companies must consider
broader societal pricing concerns.
The most important pieces of legislation affecting pricing are
the Sherman, Clayton, and Robinson-Patman Acts,
initially adopted to curb the formation of monopolies and to
regulate business practices that might unfairly restrain trade.
Pricing within Channel Levels
Federal legislation on price-fixing states that sellers must set
prices without talking to competitors. Otherwise, price
collusion is suspected.
Sellers are also prohibited from using predatory pricing—
selling below cost with the intention of punishing a
competitor or gaining higher long-run profits by putting
competitors out of business. This protects small sellers from
larger ones who might sell items below cost temporarily or in
a specific locale to drive them out of business.
Pricing Across Channel Levels
The Robinson-Patman Act seeks to prevent unfair price
discrimination by ensuring that sellers offer the same price
terms to customers at a given level of trade.
Price discrimination is allowed if the seller can prove that its
costs are different when selling to different retailers. Or, the
seller can discriminate in its pricing if the seller manufactures
different qualities of the same product for different retailers.
The seller has to prove that these differences are
proportional.
Retail (or resale) price maintenance is prohibited—a
manufacturer cannot require dealers to charge a specified
retail price for its product. Although the seller can propose a
manufacturer’s suggested retail price to dealers, it cannot
refuse to sell to a dealer who takes independent pricing
action, nor can it punish the dealer by shipping late or
denying advertising allowances.
Deceptive pricing occurs when a seller states prices or price
savings that mislead consumers or are not actually available
to consumers. This might involve bogus reference or
comparison prices, as when a retailer sets artificially high
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Figure 11.2: Public
Policy Issues in
Pricing
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Photo: Amazon
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