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But presumably there are some restrictions as to what those terms can be. If Apple said resellers can only sell iphones to white people that would probably not be legal.


Because if Apple said that, it would be requiring its resellers to do something they are not legally permitted to do . A contract to break a law is illegal and unenforceable. Refusing to sell phones to people because they aren't white would break the law. Selling a phone for $150, $200, or $250 is not breaking a law. So while the law may not permit Apple to require specific prices in its contracts, it's for an entirely different reason than why Apple can't tell the reseller to illegally commit racial discrimination.


And much like that Apple telling retailers they must sell at a specific price prevents those retailers from potentially competing with each other (not that they were likely to vary the price much due to the low margins left to them). The effect of Apple fixing prices like this is not different than if the retailers were colluding.

Yes, the practice benefits the retailers and Apple, but its effect on consumers is commonly believed to be negative hence it is prohibited in some markets.


Illegal for a completely different reasons though. Discrimination vs. fair trade.




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