La prohibición de fijar el precio de reventa sigue viva y coleando en los derechos estatales norteamericanos

Fíjense en la desgraciada historia de un pequeño productor y distribuidor de productos de belleza en California.

Bioelements sells skin-care products for various needs, such as cleansing, anti-aging, and hydration. Bioelements sells these products through two channels—salon spas and authorized Internet resellers—with written agreements for dealers in each channel. Before the December 2010 challenge 2010, salon spas signed Bioelements agreements with an explicit minimum RPM provision: “Accounts shall not charge less than the Manufacturer’s Suggested Retail Price (MSRP).” The Internet-only dealers’ agreement had both a minimum and maximum RPM provision: “Accounts are prohibited from charging more or less than the Manufacturer’s Suggested Retail Price (MSRP).” According to the California Attorney General’s press release about the case, however, the problematic provisions dealt only with online sales: the agreements required vendors “to sell Bioelements’ products online for at least as much as the retail prices prescribed by Bioelements. There were no express pricing requirements for products sold in person or in shops.