Refusal to deal with particular supplier or customer: The courts have held that a manufacturer has “the right to deal or refuse to deal with a particular distributor as long as it does so unilaterally”. Other cases have found that a manufacturer generally has the right to independently decide with whom it wants to do business,...”. Additionally, it is legal to “deal or refuse to deal...as long as it does so independently; unilateral refusal to deal does not constitute illegal contract, combination or conspiracy...
Pricing: It is perfectly legitimate to adjust a price in order to meet the price being given by a competitor. If a customer tells you that the same goods can be acquired by one of your competitors for less money, it is sound business practice to allow you to compete for that sale.
a. It is not necessary to charge the same price to each one of your customers. A price difference is generally permitted if it is justified by other factors such as costs, volume, delivery schedule, or if a lower price is provided to one customer to meet the price of a competitor. Additionally, differences in prices caused by conditions not within your company’s control are also permitted. These would include the sale due to a deterioration in perishable goods, distress sales, sales in the dissolution of a business or discontinuance of a particular portion of your business.
DISCUSSIONS: DON’T SAY ANYTHING TO A FELLOW CREDIT GRANTOR ON THE TELEPHONE, BY FAX OR BY EMAIL THAT YOU WOULD NOT SAY IN A CREDIT GROUP MEETING Record Keeping. The maintenance of good records including copies of memoranda and letters as well as records of conversations can be essential in defending an allegation of antitrust violations