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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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Having some trouble with my suppliers regarding MAP

Resolved Question:

Hi, Having some trouble with my suppliers regarding MAP
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hi Nicola, I am happy to wait as I need an answer to this and I have paid £18 for it also.
Kind regards,
Daron
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Thank you Nicola, please let me know if you require any further information that might help to assist. Kindest regards, Daron
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Minimum pricing is Anti competitive and potentially illegal.
Does this US company have any establishment on England or the EU?
What Market share does this company have?
Kind regards
AJ
Customer: replied 1 year ago.
Hi AJ,
Thank you for the response. I am dealing with several US suppliers who are enforcing MAP. Possibly some have UK establishments, tricky to check if they have legal entities in the EU/UK or just working with wholesalers (not sure exactly how to confirm that 100%.)
In terms of Market share, we are talking about some U.S. Top brands of a certain product so I imagine significant. How do I confirm?
How best to research this?
I also have 'signed' or 'agreed' MAP reseller agreements with these suppliers upon ordering/ purchasing otherwise I (not anyone else) would be supplied. Whether they are legally enforceable is of course the question.
What I can say is the whole group of these companies appear collaborative regarding the MAP and certainly with the UK wholesalers that some are using who have screamed on the phone at me or emailed me to ask exclusion from my offer.
But ultimately, they can refuse to supply, increase my prices. It could just become a lengthy issue with a negative outcome?
Kindest Regards,
Daron
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
On the basis that if you complain they may stop supplying you what do you want to achieve?
The only discreet action you could take is to complain to the Competition and Markets Commission.
https://www.gov.uk/government/organisations/competition-and-markets-authority
If the company has no establishment in the UK then they won't be able to sanction this company.
Does this company have a UK office or have you conducted a search at Companies House for any subsidiaries?
Kind regards
AJ
Customer: replied 1 year ago.
Hi AJ,
Ok, I think I understand.
I can make a complaint to the Competition & Markets Commission regarding any U.S. (Or EU?) Supplier (that I find who has a UK company) or indeed any UK Supplier who are enforcing MAP upon their resellers.
The Competition & Markets Commissionny may take interest in taking an action against any Suppliers with significant market share.
Do I have that correct?
As otherwise any other course of action (in my view) would be negative, time-consuming or messy & not good for business.
Kindest Regards,
Daron
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
As far as I can see your only course of action is to complain to the regulator, otherwise you risk alienating the supplier concerned.
As an alternative is it possible to secure a more exclusive supply agreement limited to a geographical area?
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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