MSRP vs MAP vs MSP
When I first stared in this business a decade ago everything was MAP, MAP, MAP, emphasis on the "A"- ADVERTISED. Then a couple of years ago I received some strange contracts from 2 companies, who I won't name, stating unequivocally that dealers were not permitted to SELL below a certain price, and that failure to do so would result in account suspension or termination.
Here is why:
On June 28, 2007, the Supreme Court overruled Dr. Miles, discussed below, holding that such vertical price restraints as Minimum Advertised Pricing are not per se unlawful but, rather, must be judged under the "rule of reason." Leegin Creative Leather Products, Inc. v. PSKS, Inc., Slip Op. No. 06–480 (Decided June 28, 2007).[4] This marked a dramatic shift on how attorneys and enforcement agencies address the legality of contractual minimum prices, and essentially allowed the reestablishment of resale price maintenance in the United States in most (but not all) commercial situations.
(This is from Wikipedia's article on Resale Price Maintenance)
Joe Barringer is certainly entitled to his opinions on MAP and MSP policies, and whether they be "American" or not, but he is clearly not a lawyer. Kamui is well within their legal rights in the USA to enforce a MAP, and MSP policy, for better or worse.
