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EU Slaps $130 Million Fine on Four Electronics Firms For Fixing Online Prices (cnbc.com)

The European Commission imposed a fine of 111 million euros ($130 million) on four consumer electronic firms Tuesday, for fixing prices on their resold items. From a report: Asus, Denon & Marantz, Philips and Pioneer all limited the ability of online retailers to price items as they saw fit. The four manufacturers apparently threatened or sanctioned the online retailers who wouldn't comply with their price suggestions. "These well-known manufacturers of consumer electronics, they put pressure on online retailers to maintain higher prices. They did so during a period from 2011 and 2015," Margrethe Vestager, the European competition commissioner, said in a press conference Tuesday. "As a result of the actions taken by these four companies, millions of European consumers faced higher prices for kitchen appliances, hair dryers, notebook computers, headphones and many other products," Vestager said, adding that this behavior is "illegal under EU antitrust rules."

61 of 108 comments (clear)

  1. It's just business as usual... by Anonymous Coward · · Score: 4, Insightful

    If price fixing nets more than $130 million in additional profit, stay the course!

    1. Re:It's just business as usual... by mjwx · · Score: 5, Insightful

      If price fixing nets more than $130 million in additional profit, stay the course!

      This is what the other side of the pond doesn't understand about the EU... You treat fines as a one off thing. They aren't. Its 100 million Euro now... but if you don't stop it'll be 300 million Euro extra. The fines are obviously a slap on the wrist compared to what they made from the crime, but that's on purpose to discourage them from retaliatory action (like raising prices). However there is a very clear message that says next time, the slap wont be on the wrist with the EU.

      Fines are there to discourage illegal business practices... but not to discourage business.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    2. Re:It's just business as usual... by Calydor · · Score: 4, Insightful

      You're absolutely right.

      Businesses should be allowed to do whatever the fuck they want with no one ever holding them accountable.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    3. Re:It's just business as usual... by Anonymous Coward · · Score: 5, Insightful

      Putting repeat fines (we usually call them taxes, but...)

      Thank you for telling us within the first 8 words that you don't know what you are talking about, allowing us to avoid wasting time reading everything else you wrote.

    4. Re:It's just business as usual... by Anonymous Coward · · Score: 2, Interesting

      Also along with Adrenaline Injectors,which were rasied from $100 to over $1000 per injector whereas in the UK it's £8.60 per injector

    5. Re:It's just business as usual... by jellomizer · · Score: 1

      There can be non direct monetary punishments as well.

      For example in this case you can order local stores who sell their products to only pay the recommended amount, and put legal protections on these stores to follow these orders (such as not having it count as a debt or hit their credit ratings).

      We can also just block shipping of products and turn the ship away.

      These are my extremely naive examples, but to the point there are other things that can be done vs. just a fine.
       

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    6. Re:It's just business as usual... by Opportunist · · Score: 1

      Who said that it stays that way? It's 130m now. We'll be back in a couple months. You're still fixing prices? It's 260m. And we'll be back in a couple of months. With 520m.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:It's just business as usual... by Opportunist · · Score: 1

      Corporations have been great at dodging taxes. Dodging this one is rather easy, even: Just don't break the law.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    8. Re:It's just business as usual... by houghi · · Score: 4, Informative

      The fines in Europe are not fixed. They look at the profit that has been made.

      A similar thing would result in different fines for other companies, depending on how much they made of it. And rest asured, they did not make any money of it.

      Oh and givbing millions to each side in politics? First: that is not that easy in Europe and secondly, do you have ANY ideas how many parties there are in Europe? Hint: It is more than two and there are much more sides than just 2.

      --
      Don't fight for your country, if your country does not fight for you.
    9. Re:It's just business as usual... by Opportunist · · Score: 2

      You fail to understand that they most likely thought they wouldn't get caught. Also, don't forget that this isn't "pay 130m and you can continue your spiel". This is "pay 130m and if we catch you again breaking our law, it gets expensive".

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    10. Re:It's just business as usual... by tsa · · Score: 1

      Yeah, keep increasing the price of medication! Keep underpaying people sewing cheap clothes together in hazardous buildings that are prone to catching fire! Keep spitting out poisonous gases in the refineries!

      Need I go on?

      --

      -- Cheers!

    11. Re:It's just business as usual... by datavirtue · · Score: 1

      The ideal free market is a bed time story...as are all ideal situations and physical things. I'll take a human, flawed free market over whatever complex, unworkable alternative you hold in your head.

      --
      I object to power without constructive purpose. --Spock
    12. Re:It's just business as usual... by kevmeister · · Score: 1

      You're absolutely right.

      Businesses should be allowed to do whatever the fuck they want with no one ever holding them accountable.

      I think that this one needed a satire flag.

      --
      Kevin Oberman, Network Engineer, Retired
    13. Re: It's just business as usual... by MoaDweeb · · Score: 1

      Bollocks. Melamine was consciously added by scumbags to up the 'protein' count in milk products and increase their pay-out.

      it was not found because the Fonterra subsidiary in China do not test for such industrial additives in milk; it is not tested for just like you do not test for cement in orange juice. It is not in the process chain at any stage

      --
      New Zealanders are well balanced with a chip on each shoulder. One represents Australia, the other the rest of the world
    14. Re: It's just business as usual... by Cederic · · Score: 1

      That non-compete agreement? Not enforcable.

      Entirely irrelevant. If both companies gain by complying with the agreement they've made, they will continue to comply, even if (and usually causing) consumers lose out.

    15. Re:It's just business as usual... by Barsteward · · Score: 1

      it certainly does, it "whooshed" a few

      --
      "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
    16. Re:It's just business as usual... by Barsteward · · Score: 1

      "2. The EU isn't remotely democratic" - ROFL - you don't have a clue what you are talking about "3. If you pay the toll.. the EU will let you rape EU citizens." - nope, the fines keep on coming if you repeat the crime

      --
      "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
    17. Re: It's just business as usual... by Barsteward · · Score: 1

      its not just the fines, its the negative publicity of ripping off your customers

      --
      "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
    18. Re:It's just business as usual... by thegarbz · · Score: 1

      Putting repeat fines (we usually call them taxes, but...) on business *does discourage business*.

      Well business are very much welcome to shut up shop and move away from a market that covers close to 1/3rd of the wealthy western world.

      This has nothing whatever to do with consumer protection.

      Fines given out specifically for violating consumer protection law are nothing to do with consumer protection? That's some next level thinking right there. What's your poison, THC? LSD?

    19. Re:It's just business as usual... by thegarbz · · Score: 1

      Oh gee, I guess I was doing the wrong thing, I should change.

      Yeah the EU doesn't have a great track record of getting Microsoft to produce a special version of Windows, or getting Facebook to change their data options presented to users, or getting Google to announce they are changing their model for Android if they don't win an appeal.

      Oh wait, that's right, pretty much all companies eventually fold when they realised that unlike the USA, EU laws and regulators have teeth.

  2. id not understand by houghi · · Score: 4, Informative

    I read /. there are always people who claim th EU just tsxrs US companies. Oh wait. I live in Europe and do iunderstand that the EU is not after US companies, but after those that break the law.
    Correlation is not causation.

    --
    Don't fight for your country, if your country does not fight for you.
    1. Re:id not understand by jellomizer · · Score: 1

      It is more complex then that.
      The US has its rules and the EU has theirs. They are not always in sync. The degree of corporate freedom to innovate and take risks vs the number of protections the consumers have from bad business practices.

      Normally high risk actives lead to the biggest reward. However high risk activities can hurt the consumer the most. While it isn't all or nothing, there is a balance and often this isn't well defined until someone crosses the line. A company if they know the line, will often walk right to its edge and see where they can cross over.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:id not understand by datavirtue · · Score: 1

      "The degree of corporate freedom to innovate and take risks vs the number of protections the consumers have"

      This is not serving us anymore. In the previous age where we were still trying to bootstrap ourselves this made sense...but we have a level of technology and progress where this philosophy is now harming us.

      --
      I object to power without constructive purpose. --Spock
    3. Re: id not understand by Barsteward · · Score: 1

      Trump, is that you?

      --
      "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
    4. Re:id not understand by Nocturna81 · · Score: 1

      Just in the Netherlands alone: Philips, NXP and ASML

  3. Asus by hcs_$reboot · · Score: 1

    Next MB to be Gigabyte.

    --
    Slashdot, fix the reply notifications... You won't get away with it...
    1. Re:Asus by hcs_$reboot · · Score: 1

      Thanks for your testimony - so who do you recommend? GB?

      --
      Slashdot, fix the reply notifications... You won't get away with it...
    2. Re:Asus by Agripa · · Score: 1

      Next MB to be Gigabyte.

      Dropped support (or never had it) for ECC on AM4? No thanks.

  4. Isn't this common in consumer electronics retail? by mykepredko · · Score: 1

    Maybe this is a Canada thing, but I always thought that consumer electronic OEMs set the pricing for retailers to minimize unfair advantages for large companies while also keeping their margins from eroding. In talking to people I know who provide on line web retailers, the same applies there with manufacturers limiting product or raising wholesale costs to companies that offer product at a discount without the OEM's approval.

    I didn't think it was done that much with computers (I was surprised to see Asus on the list) but I've heard about this in retail consumer electronics for decades (literally).

  5. Re:Isn't this common in consumer electronics retai by 110010001000 · · Score: 1

    In this case they didn't bribe the right officials before and after they got caught.

  6. Re:Isn't this common in consumer electronics retai by Anonymous Coward · · Score: 2, Informative

    Setting MAPs is legal in Canada: https://www.lexology.com/library/detail.aspx?g=0425169d-f2eb-4f50-aaf3-514aa52f496c

  7. Re:Isn't this common in consumer electronics retai by monkeyxpress · · Score: 4, Interesting

    No, it's most definitely not common. Almost every country I know off prevents this sort of retail price control by a manufacturer - it is a key part of competition law. That's why when you see the manufacturer list a price it always qualifies it with 'recommended'. They cannot force a retailer to sell it at that price.

    I totally understand why these manufacturers were engaging in this activity though. I had the same issue with a specialists electronics company I ran a few years back. Basically, our retailers all started on about 40% margin because they provided a lot of sales effort and after-sales support for the product. They would pay attention to common problems, allocate a staff member to understand the product deeply so they could help the customer, translate guides, hold spare parts etc. We had a network of geographically separate dealers that served us and the customers well. Then online turned up, followed by the GFC, and some of the more desperate dealers started to target customers in other dealer's areas by cutting price. This basically created a blood bath, where dealer margins fell to about 20-25%.

    The problem is that along with these price reductions, all the dealers basically became really rubbish at supporting the customer. We had to take over a lot of that support work, and eventually had to push our own prices to cover it (as did our competitors). It was quite frustrating really, because in the end the customer didn't really get a discount, nor each participant more profit. All that happened is we had to take over the distribution and support services ourselves and the retailers become nothing more than online store fronts.

    The next inevitable step would have been direct sales from the manufacturer, but I left the business before we got to that.

    In the end, I'm not sure customers got a better 'deal' out of the whole thing, but it sure made running what started as a design and manufacturing business a lot more complicated.

  8. Lower retailer margin? by Midnight+Thunder · · Score: 2

    Would the result here not be a higher cost of product to retailer, as a way of keeping prices inflated? If this is the case, this would mean that retailers would either need to increase advertised price or have lower margins?

    Of course the alternative is other games to keep prices in line, that work around the law?

    --
    Jumpstart the tartan drive.
    1. Re:Lower retailer margin? by Carewolf · · Score: 1

      Would the result here not be a higher cost of product to retailer, as a way of keeping prices inflated? If this is the case, this would mean that retailers would either need to increase advertised price or have lower margins?

      Of course the alternative is other games to keep prices in line, that work around the law?

      Ehh.. no!

    2. Re:Lower retailer margin? by Cederic · · Score: 1

      It's a tricky situation for a manufacturer. They need to include enough room in the wholesale price for retailers to make a profit, but that then opens space for other retailers to treat a product as a loss-leader (or otherwise accept low margins), which distorts the online market for that product.

      Consumers can find and will buy at the lowest price (ish, subject to laziness, trust in the retailer, shipping costs and other factors) so if something is available everywhere within a 10% spread and someone else has it 30% cheaper, the other retailers wont get the sales.

      The manufacturer has limited options available within the law, and why I always check a manufacturer's own online shop when buying electronics. Several of them effectively price match the cheapest online retailer and/or throw in additional incentives.

    3. Re:Lower retailer margin? by thegarbz · · Score: 1

      Would the result here not be a higher cost of product to retailer

      Price fixing regulations don't focus just on consumers despite what we often read about. It is just as much about not screwing the retailer. This action here hasn't at all been about consumers or the prices we pay.

  9. Re:Isn't this common in consumer electronics retai by mykepredko · · Score: 1

    Thank you for the link. That was instructive.

  10. And yet... by scdeimos · · Score: 1

    Apple and Hewlett Packard get a free pass? Come on, EU, how about some consistency?

    1. Re:And yet... by lbmouse · · Score: 1

      Or Bose?

    2. Re:And yet... by Carewolf · · Score: 2

      Apple and Hewlett Packard get a free pass? Come on, EU, how about some consistency?

      Because they weren't part of this particular cartel? Apple has been fined before for illegal price fixing with ebook-publishers, but court cases tend to go case by case and not try to resolve all cases in the world in one big clusterfuck.

  11. Re: This is actual illegal behaviour by Reaper9889 · · Score: 2

    The fines are partly based on size. Thus, google, being big, is asked to pay more. It seems reasonably to me that this is a way around the gpâ(TM)s problem.

  12. Re:Isn't this common in consumer electronics retai by ranton · · Score: 1

    The linked story is very light on details, but my first thought was also that it sounded like they were enforcing a minimum advertised price, which is common in the US at least. It is generally seen as a way to ensure online retailers don't undercut the pricing of brick and mortar stores.

    It would be surprising that this behavior is consider anti-trust in the EU, but I wonder if their are specific details that makes these companies' actions illegal. Perhaps they cannot threaten the retailers, but instead would have had to simply pull their products from the shelves. Another story about these fines confirms there was no collusion between the companies so that isn't the issue either.

    --
    -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
  13. Re:This is actual illegal behaviour by Anonymous Coward · · Score: 1

    This actually drove up prices for EU consumers, where Google provided a free product and got a fine an order of magnitude higher for having an order of magnitude greater net worth.

    FTFY

    If you want to punish Alphabet/Google, do you think a piddling €5M fine is going to work?

    Making the punishment actually hurt seems to be an idea whose time has come. If you get caught speeding in Finland, and you're rich, you're going to get a much higher fine than the poor guy caught doing the same thing. Don't get caught speeding in Switzerland either.

  14. Re:Isn't this common in consumer electronics retai by Gievers · · Score: 3, Informative

    You may be right with your comment. But in some cases I don't see the benefit for the market.

    For example in Germany (and maybe other EU-countries as well) all ebike manufactures press their resellers to keep a certain price. Its just very obvious, because all local shops and online resellers stick to the same price. There is no benefit for the customer, when I look at the online reviews of the ebike shops. Bad customer service everywhere. After some consideration I bought an ebike with Chinese components directly from an importer for half the price of big brands. And after changing some minor components I'm extremly happy with it.

    My experience with Pioneer. As a reseller I get a "price advice" from my distributor as a warning. If I don't stick to it, they won't sell to me next time.

  15. Re:Isn't this common in consumer electronics retai by omnichad · · Score: 1

    It is generally seen as a way to ensure online retailers don't undercut the pricing of brick and mortar stores.

    That's just spin. I think the real reason is that they don't want their brand devalued by a lower visible price. This is especially true of Apple. You literally never see a discount on a current-model iPad, though retailers often throw in free gift cards to make the deal better. They do not ever show a lower price than MSRP.

  16. Re:Isn't this common in consumer electronics retai by MightyYar · · Score: 1

    You can print it on the book, but then Barnes and Noble can put a giant 30% off sign right above the display. The retailer wins because people don't behave rationally when shopping and think they are getting a "deal" and the publisher wins because they keep the perceived value of a fancy photocopy high. To some extent, the larger and more ridiculous the printed price, the better.

    Amazon does something similar with their stupid crossed-out list price, when in practice their prices are usually competitive-to-high.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  17. Re:Isn't this common in consumer electronics retai by iCEBaLM · · Score: 1

    No. As a manufacturer you can suggest a retail price (MSRP), but once the product is bought by the retailer, they can set whatever price they want, as it is theirs.

  18. Re:Isn't this common in consumer electronics retai by MightyYar · · Score: 1

    Somehow Best Buy in the US is allowed to advertise Apple stuff for below retail. Our local Best Buy is a mile or so from an Apple store and they undercut almost every price. Not sure how that works out. As an example, the latest circular has current-model iPads for $30 off. The Apple store is selling them for $329 (full retail) and Best Buy is selling them - advertised - for $299. I guess some people won't travel a mile for $30, but I certainly will :)

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  19. Re:NEEDS TO CHANGE! LOCK! THEM! UP! by Opportunist · · Score: 2

    You don't get it, do you? If I lock you up, I have to spend money on you. If I fine you, you have to spend money on me.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  20. Re:This is actual illegal behaviour by Opportunist · · Score: 4, Interesting

    You know, most European countries calculate their fines based on your wealth rather than a "flat" fee. The idea is that you don't just get to flaunt your contempt for the law if you're rich because a fine of 500 bucks that would be crippling for someone who makes 1000 a month is pennies for someone who makes millions in bonus payments alone.

    So you might want to be careful where you speed, thinking that you can easily pay any fine since you're rich...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  21. Huge problem in the US by DogDude · · Score: 1

    This is a huge problem in the US, as well. Unfortunately, we have no real laws that protect non-Amazon sized businesses. In our industry (retail pet supplies), just about every manufacturer has fixed prices that we cannot go any lower than. If we do, then they stop selling to us. It should be illegal. Unfortunately, we're not big enough to be able to afford to buy any Congresspeople.

    --
    I don't respond to AC's.
    1. Re:Huge problem in the US by Mal-2 · · Score: 1

      Fender has been recently raided in the UK in connection with doing exactly the same thing, Gibson will most likely get away with it because... well, anyone trying to sanction them for their sales practices is a bit late to the party. Gibson today is not the same as Gibson one or five years ago.

      So that you know, the initial complaint about price fixing seems to have been filed by Thomann, who most definitely are in the musical instrument and pro audio category.

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
  22. Re:Isn't this common in consumer electronics retai by aitikin · · Score: 1

    No, it's most definitely not common. Almost every country I know off prevents this sort of retail price control by a manufacturer - it is a key part of competition law. That's why when you see the manufacturer list a price it always qualifies it with 'recommended'. They cannot force a retailer to sell it at that price.

    It's not that they're price fixing (setting their prices and not permitting sales below those), it's that they're enforcing a form of MAP (Minimum Advertised Price), which is illegal in the EU (from my understanding, IANAL).

    --
    "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
  23. Re:Isn't this common in consumer electronics retai by CastrTroy · · Score: 1

    Yes, but the manufacturers and the suppliers are in cahoots with each other. Small retailers don't have any option. Sell the item at below the manufacturer decided price and they risk getting cut off by the supplier.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  24. haggling? by Comboman · · Score: 1

    I have MAPs that I must follow, yes, but the actual sell at price, that can be whatever makes sense (even losing money on some items).

    I suspect musical instrument/pro audio is one of the few retail areas where people still haggle. In most retail (especially on-line), the minimum advertised price is the minimum price, period.

    --
    Support Right To Repair Legislation.
  25. Re:This is actual illegal behaviour by datavirtue · · Score: 1

    This is probably one of the most sensible things I have heard in this regard. The human race is birthing itself out of the strongman-as-leader age into one where we work together to help each other and leaders are merely servants who watch after the people and help facilitate the collective will. We have a ways to go but this seems to fit that direction of progress. We must demand that those who attain great wealth must also act responsibly in service to that privilege. With great wealth comes greater levels of responsibility as well.

    --
    I object to power without constructive purpose. --Spock
  26. Re:Isn't this common in consumer electronics retai by datavirtue · · Score: 1

    That must have been some expensive shit. I would never bother with anything that didn't yield at least 100% margins. Retail is generally 200-300% margins.

    --
    I object to power without constructive purpose. --Spock
  27. Re:Isn't this common in consumer electronics retai by datavirtue · · Score: 1

    "If I don't stick to it, they won't sell to me next time."

    This has always bothered me. Why should someone be dictating who they sell to if you are operating in a market. Don't bother with "free" market since a market is just a place everyone can go and pay the same posted price. I see the same problems with discounting volume for one retailer. If a company sells to Wal-Mart cheaper than they sell to me then it usually just leads to a cabal. Overall, aside from logistics, the volume is the same and Wal-Marts' participation should lower the price for me as well. If I have to pay a higher price then I just won't bother--lowering manufacturer volume. This would follow the theory of supply and demand and it would help ensure that Wal-Mart provides the same level of service as a small retailer.

    --
    I object to power without constructive purpose. --Spock
  28. Re:Isn't this common in consumer electronics retai by Cederic · · Score: 1
  29. Re: This is actual illegal behaviour by Barsteward · · Score: 1

    "Google got fined for being a successful American company." - sit down and give your mouth a chance

    --
    "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
  30. Re:Isn't this common in consumer electronics retai by Barsteward · · Score: 1

    You used to be a time when shopping in Harrods in London, they'd charge more than the RRP even when its printed on the packaging

    --
    "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)