Online discounters such as eBay and Burlington Coat Factory are celebrating a victory today, after a House committee passed a bill to overturn a 2007 Supreme Court decision that legalized price fixing.
That decision enabled manufacturers to set "minimum advertised prices" (MAP)—forcing online discounters from selling any product below a set price. The new bill (HR 3190), dubbed the "Discount Pricing Consumer Protection Act of 2009" passed out of the House subcommittee yesterday without opposition.
How does this affect baby gear? Well, many baby product makers adopted MAP in recent years. To supporters, MAP helps level the playing field between retailers and online discounters. Without MAP, retailers complain they wouldn't be able to stock products that are heavily discounted online. And then consumers won't have the opportunity to see these products in person, as they would only be sold online. Critics point out this is simply price fixing and an effort to stop online discounting, to fatten the margins of retailers.
We have blogged on this subject before. In December last year, we talked about discussed how a baby gate maker's decision to adopt MAP resulted in a 20% jump in prices. In 2006, we reported on a lawsuit between Babies R Us and discounters alleged BRU forced manufacturers to adopt MAP.
Major baby product makers that have MAP policies include Britax, Peg Perego, Colgate and Medela. If passed, this new law would strike down the legality of these agreements—opening up online discounting of Britax car seats, for example. Of course, the bill must now go before the full House—and it could change as it winds its way through that process. We will keep you posted.