Legal Question in Technology Law in Texas

Do you have to meet manufactures guidelines on the internet

I have a competitor that turned me in for selling for less than him. I said my web site designer would have to change my site and he is unavailable. Manufacturer calls and says i have to change to the same as my competitor because he has had a good relationship with him.Then manufacturer said i could not sell less than the manufacturer. I said ok ill change it to match yours.He said no that was still less than my competitor(whom he favors).The competitor has been harrassing me every day. What should i do.Vision tel is the manufacturer president michael mcnable called.Competitor is slimstore.Com


Asked on 10/28/02, 3:39 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Do you have to meet manufactures guidelines on the internet

Your message is too cryptic for a thorough reliable reply. Several questions need to be answered before an answer can be given you:

1. To whom did your competitor "turn you in"?

2. What do you mean by "turn you in", are you just saying he told someone (manufacturer?)that you are charging a very low price?

3. Is the manufacturer fixing the price his customers may charge? Price fixing is a legally risky activity that may (depends on the facts) run afoul of antitrust laws, particularly if the manufacturer is conspiring with someone else in price fixing.

3. Did the manufacturer tell you it would stop selling to you if you sold for less than the manufacturer's retail price? That is also a risky directive legally.

4. How is the competitor "harassing" you? Some things you might consider harassing are legal and some are not.

5. In the future do not give specific company names. Lawguru is supposed to reject your question if it names names.

6. Depending on your answers above, I may tell you to contact an antitrust lawyer or I may suggest some actions to take before further consultation with an attorney.

In your response to me you can name names, but in any future question to lawguru make your question generic so the answers can apply to others.

You may reply to my email address below, or you may resubmit your question to lawguru and it will be forwarded to several Texas attorneys), me included. Even though my office is in Illinois, I am also a member in good standing of the State Bar of Texas, that is I am a Texas lawyer.

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Answered on 10/28/02, 6:35 pm


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