SSS · Vertical Agreements & Competition Compliance

Can’t we intervene when a dealer sells at very low prices?

You cannot impose a minimum price; however, legitimate tools such as recommended prices, marketing-support criteria and selective-distribution quality requirements can be designed. The word…

Updated · July 20261 min readCategory · Vertical Agreements & Competition Compliance
Short answer

You cannot impose a minimum price; however, legitimate tools such as recommended prices, marketing-support criteria and selective-distribution quality requirements can be designed. The wording of the tool is decisive.

You cannot impose a minimum price; however, legitimate tools such as recommended prices, marketing-support criteria and selective-distribution quality requirements can be designed. The wording of the tool is decisive.

The line is between fixing and suggesting: imposing a minimum resale price is a hardcore restriction, but a genuine maximum or recommended price — where the dealer stays free to go lower — is lawful, as are objective marketing-support and selective-distribution criteria. The enforceability turns entirely on how the tool is worded and applied, not on the label put on it.

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Vertical Agreements & Competition Compliance

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