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Apple Found Guilty of Russian Price-Fixing (bbc.com)

An anonymous reader shares a BBC report: Russia's competition watchdog has found that Apple fixed the prices of certain iPhone models sold in the country. The Federal Anti-Monopoly Service (Fas) said that Apple's local subsidiary told 16 retailers to maintain the recommended prices of phones in the iPhone 5 and iPhone 6 families. Non-compliance with the pricing guidelines may have led to the termination of contracts, it found. At the time of the investigation, Apple denied that it controlled its products' pricing, telling Reuters that resellers "set their own prices for the Apple products they sell in Russia and around the world." The regulator said Apple had now ended its price-fixing practices but has not said whether the company faces a fine. The FAS claimed that Apple Rus monitored the retail prices for the iPhone 5c, 5s, 6, 6 Plus, 6s and 6s Plus.

49 comments

  1. My GOD! by Anonymous Coward · · Score: 4, Funny

    I wondered why my Russians were so expensive!

    1. Re:My GOD! by zlives · · Score: 1

      because russians "are undoubtedly the best in the world"

    2. Re:My GOD! by Cajun+Hell · · Score: 1

      In Soviet Russia, price fix you!

      --
      "Believe me!" -- Donald Trump
  2. Solution : No more sales to Russia. by Anonymous Coward · · Score: 0

    Just stop selling them to Russia directly. Let the black market price gouging show them what price manipulation REALLY looks like.

    1. Re:Solution : No more sales to Russia. by unixisc · · Score: 1

      Uh, they already had that during the Soviet era

    2. Re: Solution : No more sales to Russia. by Anonymous Coward · · Score: 0

      Damn, iPhones are a lot older than I thought.

  3. Why even have 3rd party dealers / distributions? by Joe_Dragon · · Score: 1

    Why even have 3rd party dealers / distributions? Or is it that you to have full price control but don't want the risk of sitting on unsold items no the 3rd party dealers / distributions with min order numbers are the ones who take that risk.

  4. Reality by Impy+the+Impiuos+Imp · · Score: 0

    No, they were found guilty of not paying their, wink, "tax", so officials used the antitrust laws not for the purpose apoplectic big business haters espouse, but for their real purpose: to harm businesses that don't play the game.

    This cynicism born from reality.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    1. Re:Reality by Anonymous Coward · · Score: 0

      Ahhh I get it. Apple was not paying into some profiteering scheme, (in the guise of a legal tax), so the legal books were used to punish that. Clever. (on both parts)

  5. This is rich by lactose99 · · Score: 0, Troll

    coming from the country that owns fucking Gazprom

    --
    Fully licensed blockchain psychiatrist
    1. Re:This is rich by fred6666 · · Score: 1

      So what? Gazprom is a state owned company. When it sells natural gas to European countries, does it forbid the resale at a different price? I don't think so.

    2. Re:This is rich by Anonymous Coward · · Score: 1

      You are irony impaired. The Russians have a "competition watchdog" yet they have one of the least competitive enterprise business environments. Gazprom is one example.

    3. Re:This is rich by cheesybagel · · Score: 1

      Good for them. The Russian people control their own energy sector, instead of giving it away to oligarchs, to profit from obscenely like in Yeltin's time.

    4. Re:This is rich by unixisc · · Score: 1

      There is no 'Russian people' here. In Yeltsin's time, it was privately owned, under Putin, while it's still nominally private, it's executives have to be on good terms w/ Putin to avoid being arm twisted or bullied.

    5. Re:This is rich by Anonymous Coward · · Score: 0

      > So what? Gazprom is a state owned company.

      Traditionally, when you have a watchdog organization set up to promote a free market, you don't also nationalize the entire energy sector at the same time.

    6. Re:This is rich by cheesybagel · · Score: 1

      No, basically what Putin did was either they paid taxes, or they went to jail.

  6. Re:Why even have 3rd party dealers / distributions by ShanghaiBill · · Score: 2

    Why even have 3rd party dealers / distributions?

    Because it is not economically feasible to build an Apple Store in every town and village. Selling on-line doesn't work so well in countries where packages are routinely stolen.

  7. Russian Justice System by Anonymous Coward · · Score: 0

    Funniest idea I've heard this week- the Russian Justice System.

    Past winners: Somali Space Program. Quiet Dish Washer. Vatican Moonshot Effort. President Donald Trump. Successful, Honest Democratic Politician. Cat Shit Coffee.

    1. Re:Russian Justice System by Anonymous Coward · · Score: 0

      haha damn funny all of it!

  8. editors, please. by supernova87a · · Score: 3, Interesting

    Cmon, editors, you need to think about these stories before you blindly post them with stupid, uninformed headlines.

    Apple dictating to its retailers what prices to offer for their own manufactured phones is not "price fixing". Price fixing in the traditional sense is when competitors in a market collude to artificially set the price of a good that they otherwise should be competing on, which deprives the free market of alternatives.

    This is a case of Apple setting its own product's pricing. And something is being lost from the Russian story and what they mean by things like Recommended Retail Price / MSRP, but this is not "price fixing". Please use some judgment before using inflammatory / inflated headlines.

    1. Re:editors, please. by Solandri · · Score: 2

      MSRP is common, as is a MAP (minimum advertised price - this is why you'll sometimes see sales saying "place in cart to see price"). But some manufacturers try to enforce a minimum selling price, which is outlawed in many countries. Apple can set its own price to the retailers, but the retailers must be allowed to set their own prices - even if it means selling the product at a loss.

    2. Re:editors, please. by swb · · Score: 1

      How is it not a form of price fixing if Apple is trying to force non-Apple retailers to maintain the same price Apple stores are offering?

      It's not even collusion ("hey, let's make extra profit") it's more like extortion ("sell at our dictated price, or else").

      Apple can set the prices for its phones in its own stores, but other retailers should be free to set their own prices, even if they are apparently suicidal -- ie, selling below their own cost. If that makes Apple Store look overpriced, that's the Apple Store's problem and they need to correct that impression themselves -- better experience, better support, better accessory selection, etc.

    3. Re:editors, please. by ledow · · Score: 1

      You go to sell your car.

      Ford ring you up and say "If you sell that for less than 50% profit, you'll never be allowed another Ford car again".

      It's illegal, and more importantly immoral, no matter what terminology you want to translate from the Russian using.

      And that applies whether it's YOU or a Ford dealer who's already bought the cars from you, or a third-party dealer who legally owns the cars they have to sell on.

      You cannot determine the price of your products. You cannot impose conditions on goods post-sale. Almost all first-world legal systems prevent such things.

      Once the shop has the iPhones in their possession, it's up to THEM what they sell them for, not Apple. Because - for instance - imagine if they DON'T sell. That guy would never be able to recoup even the tiniest part of his money, even at a loss, because "Apple said no".

    4. Re:editors, please. by tlhIngan · · Score: 1

      You cannot determine the price of your products. You cannot impose conditions on goods post-sale. Almost all first-world legal systems prevent such things.

      Once the shop has the iPhones in their possession, it's up to THEM what they sell them for, not Apple. Because - for instance - imagine if they DON'T sell. That guy would never be able to recoup even the tiniest part of his money, even at a loss, because "Apple said no".

      True. But the manufacturer can get annoyed and you end up screwed.

      In the modern world, you can sell your stock on had at whatever price you want, MAP or other agreements be damned. But if you annoy the manufacturer too much doing this, you may find future stock hard to come by.

      It's not unusual that this happens. A store decides to put a big discount on a product, against the manufacturer's wishes. They sell through the stock, and order more. But manufacturer simply short ships or delays their delivery - if they order 1000, they may get 100. Or if it's a newly released product, they may get shipment... a week after everyone else.

      And no, there is no "retailer non-discrimination act" that would force a manufacturer to be "fair". If a retailer was on particularly good terms, the manufacturer might ship them extra units and early so they are able to sell more.

    5. Re:editors, please. by fred6666 · · Score: 1

      This is price fixing. Apple is free to raise the price of its products, but shouldn't be allowed to dictate the price for resellers. If they don't want any profit margin it's their problem.

    6. Re:editors, please. by Anonymous Coward · · Score: 0

      Actually there is - look up contract law and especially sales law sometimes. In the USA called UCC.

  9. Not the first time ... by CaptainDork · · Score: 4, Informative

    Apple Fined $670,000 In Taiwan For Price Fixing in 2013

    --
    It little behooves the best of us to comment on the rest of us.
    1. Re:Not the first time ... by Anonymous Coward · · Score: 0

      And im sure it wont be the last.

  10. Re: Why even have 3rd party dealers / distribution by fubarrr · · Score: 1

    Yo Bill, it was good weather today. Do you do business with Russians?

  11. "Federal Anti-Monopoly Service"? by jeffb+(2.718) · · Score: 1

    Is that a branch of the Federal Oligarchy Enforcement Service?

  12. Re:Why even have 3rd party dealers / distributions by monkeyxpress · · Score: 1

    A significant portion of consumer sales still go through walk-in-retail channels, and with the phones they have the added issue that many people buy the phone as part of a contract. Apple doesn't want to become a mobile network operator all around the world, so they are going to have to partner with local dealers. I imagine this is even more of an issue in Russia where you probably need some local connections to keep things moving along.

    As for the retail pricing control thing, that is rather interesting. I used to sell an electronics product through retailers. Every single retailer always bugged me about needing a bigger margin, but if I ever gave one to them, they would immediately started discounting so they could undercut their competitors. This would cause all the other retailers to get really annoyed and demand that I stop the rogue retailer from discounting (even though they know I'm not legally allowed too). In the end everyone just got totally screwed over by their own competition on margin, which allowed me to gradually raise prices and pocket more of the sale price myself. Apart from that last bit (my product decimated the competition, so I didn't really have that much pricing pressure myself), that is sort of how the retail marketplace is meant to work.

    I must admit though, there were times when I would 'suggest' that a retailer shouldn't get carried away with long term discounting to avoid the constant harassment of other retailers. In the end most retailers are just sales people with low to medium levels of business acumen, and many of them cannot see the bigger picture of the system they are in. A big part of your job as the manufacturer is to manage perceptions so they feel happy and enthusiastic, and some times this involves playing a few games and managing the different egos as best you can. I would have thought at the level Apple operates though, they would be much more meticulous about not getting caught out in such an obvious way.

  13. Re:Why even have 3rd party dealers / distributions by ArhcAngel · · Score: 0

    So how exactly does this stealing of packages on-line work?

    --
    "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  14. Re: Why even have 3rd party dealers / distribution by fubarrr · · Score: 1

    Ask Russian Post, to a lesser extent customs office and Russian DHL.

  15. Make A Deal by Anonymous Coward · · Score: 0

    I think Apple and Russia could make a deal. Apple will stop their price fixing if Russia agrees to stop trying to fix elections in the U.S.A and Western Europe.

  16. Re: Why even have 3rd party dealers / distribution by cyber-vandal · · Score: 1

    Are you daft? How do you think the phones get to the people who've bought them?

  17. Re:Commenters, please. by MatthiasF · · Score: 2

    Actually, the exact opposite happened in 2007.

    http://www.nytimes.com/2007/06...

    The Supreme Court STRUCK DOWN an antitrust rule AGAINST minimum retail prices.

  18. Re: Why even have 3rd party dealers / distribution by ArhcAngel · · Score: 1

    Well when I order them they get delivered to my home or office. I haven't yet seen a way to reach into my monitor and pull the item from "on-line". Just curious how someone could steal my stuff on-line before it gets to me. DUH!

    --
    "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  19. Why can't more places sell direct and not use not by Joe_Dragon · · Score: 1

    Why can't more places sell direct and not use not so independent dealers that are controlled by the manufacturer.

  20. Russia wants apple open factory there by Joe_Dragon · · Score: 1

    Russia wants apple open factory there with local workers.

  21. not so long ago ... by chronotis · · Score: 1

    I remember when Russia was guilty of price-fixing apples.

  22. Price fixing? by caseih · · Score: 0

    So if I am the sole manufacturer of a certain product and I set my price at $10, I'm price fixing? If people don't want to pay $10 for my product they'll go elsewhere and buy competing, different products. Price fixing distorts the market, but I don't see that happening here. Not allowing retailers to sell for profits below or beyond what Apple dictates is not illegal either. It's all done on a contractual basis between Apple who supplies the product and the retailers who sell it (essentially for hire).

    1. Re:Price fixing? by cheesybagel · · Score: 1

      No. This is the thing. You sell your product for $10 to someone who then resells it brand new for $8. Or you sell it to them at $6 and ask for them to resell it for $10.

      The price fixing is in that you can't force someone else to resell or sell the product at a given price.

    2. Re:Price fixing? by fred6666 · · Score: 2

      Not allowing retailers to sell for profits below or beyond what Apple dictates is not illegal either.

      Yes it is, or at least should be in any civilized country.

    3. Re: Price fixing? by Anonymous Coward · · Score: 0

      My takeaway was that the bad part was the threat of terminating the distribution contract. That effectively takes away their ability to freely market or sell the way they should.

      You can ask, but not force.

      Apple will probably say it's to prevent money laundering.

  23. Re: Why even have 3rd party dealers / distribution by Plumpaquatsch · · Score: 1

    Well when I order them they get delivered to my home or office. I haven't yet seen a way to reach into my monitor and pull the item from "on-line". Just curious how someone could steal my stuff on-line before it gets to me. DUH!

    Why would somebody believe "Selling on-line" means ' reach into my monitor and pull the item from "on-line".'?

    Unless they are a Russian troll?

    --
    Of course news about a fake are Fake News.
  24. Just in Russia? by sabbede · · Score: 1
    I'm trying to remember if I've ever seen a late-model iPhone on sale or with a retail price below Apple's MSRP. The closest I can come up with is a carrier plan that, in the end, charges more for the phone but gives a lower (or no) up front cost.

    Can anybody else find a new (not used or refurbed) iPhone of the current or last generation for less than Apple's standard price?