PDA

View Full Version : Babolat Lawsuit........Legit or Wacked?


Sean Dugan
02-26-2004, 09:55 PM
I saw this on another tennis retail website.......sort of interesting, eh?


We are currently gathering information for the filing of an action against Babolat for illegal price maintenance programs and unfair business practices.

TENNIS RETAILERS:

Are you a tennis dealer who has been pressured to maintain a certain price level for the internet or in your retail store? Has any employee or member of management from Babolat threaten to suspend your shipment of supplies or have you ever been suspended for any policy violations?

You are entitled to treble damages. Would you like to talk to a State or Federal Investigator? You can REMAIN ANONYMOUS. Would you be willing to be a participating dealer in a civil class action lawsuit?

BABOLAT EMPLOYEES:

Are you a current or former employee who has information regarding the unfair business practices and or illegal price maintenance programs being enforced by Babolat's Management? You can continue to provide information through several new channels and REMAIN ANONYMOUS. Ready for the next level?

CONSUMERS:

Have you purchased a Babolat Tennis Racquet in the last three years? Did you have trouble finding a price variation in your local area? Did you pay more than $129.99? Would you like your money back? Would you be willing to be a participant in a Class Action Lawsuit?

ANYONE AND ALL MAY RESPOND TO:

RKRAMERENT@AOL.COM

amarone
02-27-2004, 04:11 AM
That's interesting. I've just started looking for a new racquet and was considering a Wilson Surge or a Babolat PD. I noticed that I can get the Surge much cheaper at TW than in the local store, but the PD is exactly the same price at each.

David Pavlich
02-27-2004, 07:22 PM
All of the manufacturers set prices and have specific policies concerning advertised prices. This is especially true of new releases. Older frames, such as the Ti Radical have outlived their "newness" due to being replaced by the latest and the greatest. When that happens, the pricing policy is relaxed.

In my opinion, if Babolat is following their policies and not showing favoritism in one form or another, then the law suit sounds like sour grapes. Why should Babolat lower the price of their PD? It's called supply and demand.
David

magiset
02-27-2004, 08:53 PM
Sounds like they're fishing around for business. It does not make it clear if the retailer is coersed to sell at a high or lower price, or both/and.

Supply and demand IMHO is based on the theory of 'perfect competition'. Is this type of Cartesian idealism really possible in our present day? Hell if I know for sure, but I would guess not.

I'm not sure I can buy laissez faire capitalism as the means and end either. Supply side theory is not possible. Greenspan wants to cut Social Security to pay for so much unjustified greed. Well, the notch babies will be quite happy to hear that their sacrifice is being repeated into oblivion.

Morpheus
02-27-2004, 08:56 PM
From the old board...JRW reports a practice that according to Syzygy is likely illegal:

JRW - 03:47pm Feb 15, 2004 PST (#2 of 6)

Babolat is just like Oakley. They "request" that you sell their products at suggested retail or else they threaten to take back any inventory you may have and close your account. Unlike the other racquet companies which only requires dealers to ADVERTISE certain prices, Babolat requires dealers to SELL their racquets at a certain price

Syzygy Feb 16, 2004 07:20 pm

Manufacturers can only suggest a resale price to its customers, but cannot compel adherence to the suggested price. This would be known as "vertical" or "resale" price fixing and it is illegal under US Antitrust law as a "Per se" violation. I would imagine that if Babolat was making threats as suggested by "failurebydesign" or to require dealers to sell at a certain price as suggested by "JRW", then they would be in violation of US law...

David Pavlich
02-28-2004, 12:31 PM
Morpheus Wrote:

>>Manufacturers can only suggest a resale price to its customers, but cannot compel adherence to the suggested price. This would be known as "vertical" or "resale" price fixing and it is illegal under US Antitrust law as a "Per se" violation. I would imagine that if Babolat was making threats as suggested by "failurebydesign" or to require dealers to sell at a certain price as suggested by "JRW", then they would be in violation of US law...<<

This is correct. Babolat does not force its dealers to sell at a specified price. Their advertising policy is very similar to Wilson, Head, Prince etc.

David

Steve Huff
03-01-2004, 11:28 AM
Babolat is not the only company that does this. Topspin requires prices be set at a certain level with an agreement that you cannot sell below a certain level.

polakosaur
03-01-2004, 11:31 AM
thats why you don't see babolat at sports authority or galyans, my local pro shop guy told me that babolat only sells to small shops so their racquets get individualized attention and aren't in the mix with unknowledgable reps in sports authority or galyans or etc.

Morpheus
03-02-2004, 11:03 AM
So is anyone actually accusing Babolat of requiring that retailers sell at "suggested" prices? That's an antitrust violation, at least in the US.

David Pavlich
03-02-2004, 08:06 PM
So is anyone actually accusing Babolat of requiring that retailers sell at "suggested" prices? That's an antitrust violation, at least in the US.

I don't think so, but if someone is, that person or group is wrong.
David

rubyou
03-05-2004, 09:13 AM
I'm a dealer for Babolat. The thing that bugs me is when the Aero came out I could not buy a couple of demos. They "made" me order a "special package" Now I'm stuck with the frames that don't sell!!!! Nobody wants to demo the Aero. It's a horrible frame!!!

david aames
03-06-2004, 09:38 PM
Re Babolat policies

I bought 2 brand new PD+ 2003 cosmetics last year. Both identical in all aspects expect there was a sticker on the inside of the throat of one of them. A barcode if I remember well.

It bothered me so I peeled it off. Doing so, I discovered a writing underneath stating 'IF HOLOGRAM MISSING NO WARRANTY'. Of course the hologram couldn't be reapplied if I wanted to.

Tim Tennis
03-08-2004, 12:02 PM
Well, I don't know what is legal and what is not but when I went into our local club I noticed the pro did not have any Babolat frames up. He told me that for him to handle their racquets he had to agree to purchase $600 of their accessories and he said he would never be able to sell them in his shop so he quit selling them.

equinox
12-30-2007, 10:32 PM
So is anyone actually accusing Babolat of requiring that retailers sell at "suggested" prices? That's an antitrust violation, at least in the US.

Agreed.

What do people expect if they don't stand up for there rights.

Tennis industry needs a major bustup.
Throw few of these criminal execs in jail.
Quickly straighten up the industry.

HyperHorse
12-30-2007, 11:08 PM
Ok, that's it... I'm boycotting Babolat for life.
No strings, racquets, grips OR shoes.

iradical18
12-30-2007, 11:44 PM
Their racquets kill my arm anyway.

racquet_jedi
12-30-2007, 11:50 PM
Ok, that's it... I'm boycotting Babolat for life.
No strings, racquets, grips OR shoes.

Ditto.....

TennisandMusic
12-31-2007, 12:02 AM
Way to bring up a nearly 4 year old thread guys.

tzinc
12-31-2007, 12:05 AM
First all companies do this. Look what the K90 sells for. It's the same price everywhere. Second the reality is you can still see some Babolats go on sale from time to time - someone here posted they were selling for 115 range. So even if this is a legit lawsuit which it doesn't sound like Babolat has nothing to worry about given the 2 factors mentioned above.

What Babolat does is reasonable limit their racquets to smaller speciality stores and request they charge a reasonable price. There is nothing illegal about that.

OrangeOne
12-31-2007, 12:33 AM
First all companies do this. Look what the K90 sells for. It's the same price everywhere.

You're confusing a "suggested retail price" - something that is entirely legal and standard practice - with a "suggested retail price or we won't supply you with stock" - something that is illegal (in Australia, and in the US too from what I've read in this thread).

All companies do the former, not all companies do the latter.

What Babolat does is reasonable limit their racquets to smaller speciality stores and request they charge a reasonable price. There is nothing illegal about that.If they're suggesting a price, fine. Requesting a price, not so much. Demanding a price (which is what supply limits effectively do), then not fine at all.

jmsx521
12-31-2007, 06:43 AM
...Did you pay more than $129.99? Would you like your money back?...129 was the price range for rackets back 10-15 years ago, when TW was on the back pages of Tennis Magazine. And as far as Babolats, they run $180-$190 now. I have 3 frames I purchased for that price. Where are you going to find a new $129.99 Babolat: I've never heard of that!

equinox
07-17-2009, 11:04 AM
any progress against these criminal companies?