October 1st, have YOU emailed resmed today?

WNJ · Post by **WNJ** » Wed Oct 04, 2006 7:20 am

Emailing ResMed is a waste of time. They don’t give a rat’s patoot about your opinion.

Write or email your Congressman! Such overtly anti-competitive business practices should be illegal. ResMed is hardly the only example of this abuse.

(Of course, your Congressman is probably a wholly owned subsidiary of the corporations which finance his campaigns, so he probably doesn’t care about your opinion either.)

Wayne

Arizona-Willie · Post by **Arizona-Willie** » Wed Oct 04, 2006 8:05 am

Take a look at a chart of Resmed stock.

On 8/17/2006 RMD closed at 46.50
On 10/3/2005 RMD closed at 40.05

The stock has lost 14% of it's value in this short time. Strangely, it seems to have started about the time they announced their pricing policy.

Imagine that!!

Wulfman · Post by **Wulfman** » Wed Oct 04, 2006 8:51 am

Arizona-Willie wrote:Take a look at a chart of Resmed stock.

On 8/17/2006 RMD closed at 46.50
On 10/3/2005 RMD closed at 40.05

The stock has lost 14% of it's value in this short time. Strangely, it seems to have started about the time they announced their pricing policy.

Imagine that!!

Also, take a look at Respironics' stock. At the same time, it started climbing. IMAGINE THAT!!!

WNJ wrote:They don’t give a rat’s patoot about your opinion.

Neither did England's King George III....about those rabble-rousing colonists.....and look what happened.

Den

GUEST12 · Post by **GUEST12** » Wed Oct 04, 2006 10:39 am

Thats smart of you, compare CPAP users to the colonist fighting un lawful taxation. I think there is a difference between a company wanting to back the main consumer of there products (Resmed and DME's) and a country trying to tax another country. Everyone on this website does complain and what does it get them? Maybe you all should try a little harder on useful things to get rid of your sleep apnea than crying about resmed every day. Just an idea but the wasted time could be used somewhere else. Also if you don't like them don't buy there stuff. Look how hard that is.

WNJ · Post by **WNJ** » Wed Oct 04, 2006 11:13 am

GUEST12 wrote:. . . compare CPAP users to the colonist fighting un lawful taxation. . .

Actually, the taxes and other things to which the colonists objected were perfectly lawful. Parliament had the authority to make laws applicable to the English colonies in North America. From Parliament’s perspective, they had just fought an expensive war (French & Indian War) to defend the colonies from the French with little financial assistance from the colonies. They wanted the colonies to help pay for their defense and end the free ride. The colonists saw it differently and revolted.

The question is not about what is lawful, but about what is right.

Suppliers (e.g. ResMed) colluding with retailers (e.g. Apria, etc.) to restrain the market and artificially drive up prices to consumers is not right and it should be unlawful.

Wayne

completelyhosed · Post by **completelyhosed** » Wed Oct 04, 2006 11:20 am

Wow GUEST 12, you are certainly taking a low road. If you remember your history, the colonists tried a boycott of British good for a long time prior to the opening shots. It did not work. The King would not accept that the world had changed. Resmed will find that they are doing a King George III. The Internet is changing the world. We who protest are trying to help Resmed understand. The struggle has just begun. The Revolution lasted 8 years. This new cpap revolution will last a long time also. A new distribution channel has been born. I for one will defend it!

Wulfman · Post by **Wulfman** » Wed Oct 04, 2006 11:58 am

GUEST12 wrote:Thats smart of you, compare CPAP users to the colonist fighting un lawful taxation.

I think there is a difference between a company wanting to back the main consumer of there products (Resmed and DME's) and a country trying to tax another country.

Everyone on this website does complain and what does it get them?

Maybe you all should try a little harder on useful things to get rid of your sleep apnea than crying about resmed every day.

Just an idea but the wasted time could be used somewhere else.

Also if you don't like them don't buy there stuff.
Look how hard that is.

Guest12,

Actually, my original example was simply about the "little guys" standing up the the "big guys". It CAN be done. But, your "taxation without representation" (read artificial price controls where there were none) thoughts do fit in here.

ResMed has to get it through their corporate heads that WE are the ultimate consumers....and that there are certain segments of that group that their policies are affecting.

The nature of this website is about helping xPAP users with their problems and celebrate their successes.....and anything else related to xPAP use.

My therapy is under control. I'm also stocked up with masks and parts to feasibly last me the rest of my life.

Not "wasted" time fighting for the other xPAP users that come along.

Again, I won't be buying any more ResMed products......but others might NEED to. They're the ones I'm thinking about and for whom I'm voicing my opinions.

Maybe you should GAFL and quit wasting YOUR time harping about our discussions. Works both ways, ya know.

Have a good day

Den

completelyhosed · Post by **completelyhosed** » Sat Oct 07, 2006 8:01 am

Websites, including our host are resisting price fixing by Resmed.

Resmed mask prices are much lower on cpap.com and other big players. Websites that are have been enslaved by Resmed are stuck with Brick and Mortar like prices. It must be frustrating to the sites that are trying to keep a relationship with Resmed to see competitors making them look ridiculous and taking the few Resmed customers that still exist from them.

The lock step with Resmed websites are in a no win situation. Break ranks with Resmed and Resmed will not sell to them. Continue to serve Resmed and lose your customers. I bet the temperatures on this pot will rise to the boiling point very soon. I bet we will see more sites breaking Resmed chains very soon. The longer they work with Resmed, the weaker they get. It is a path to destruction.

Resmed's policy is built for one thing, the destruction of cpap internet retailing. No doubt Resmed slave websites are beginning to see their worst fears unfold.

Guest · Post by **Guest** » Sat Oct 07, 2006 9:17 pm

completelyhosed wrote:Websites, including our host are resisting price fixing by Resmed.

Resmed mask prices are much lower on cpap.com and other big players. Websites that are have been enslaved by Resmed are stuck with Brick and Mortar like prices. It must be frustrating to the sites that are trying to keep a relationship with Resmed to see competitors making them look ridiculous and taking the few Resmed customers that still exist from them.

The lock step with Resmed websites are in a no win situation. Break ranks with Resmed and Resmed will not sell to them. Continue to serve Resmed and lose your customers. I bet the temperatures on this pot will rise to the boiling point very soon. I bet we will see more sites breaking Resmed chains very soon. The longer they work with Resmed, the weaker they get. It is a path to destruction.

Resmed's policy is built for one thing, the destruction of cpap internet retailing. No doubt Resmed slave websites are beginning to see their worst fears unfold.

Hooray for cpap.com! I hope they continue to resist Resmed's price fixing scheme and keep fighting against Resmed's obvious attempt to destroy cpap internet retailing. We can only hope other sites will see the light and refuse to be bullied before they find themselves out of business.

dllfo · Post by **dllfo** » Sat Oct 07, 2006 9:47 pm

I don't pretend to understand the way resmed sets the prices. What if a web site already had some of the resmed products which were purchased before Oct 1st? After Oct 1st, can they still sell them at the lower prices? Or do they HAVE to sell them at the artificially inflated prices???

As I understand it, from comments on here, if a website sells a product for a price lower than resmed now demand, the "offending website" will not be allowed to restock the item they sold at the low priice? OR can resmed file a lawsuit against the "offending website"??

Does anyone know? It might even go so far as to depend what state the website is in and what state resmed is in.

Luckily for me, all the equipment I use daily came from others. I don't wear the Swift at the moment, trying out the Breeze and I love it.

Nasty · Post by **Nasty** » Sun Oct 08, 2006 9:01 pm

Greetings Fellow CPAPERS

Based on 30 years of sales experience and minimal corporate legal training; [ I am not an attorney, I am in sales and sales management.]

I am offering the opinion that Resmed’s new pricing policy might constitute Restraint of Competition and might constitute Conspiracy to Restrain Competition.

The staff of a Senator or Congressperson might be able to contact the Department of Justice and get an opinion and possibly get action such as a Cease and Desist Order or whatever might be deemed appropriate.

Check http://www.firstgov.gov the U.S. government's official web portal, for the contact phone, fax, email or regular mail address of your US Senators and Congresspersons.

Our elected officials wish to be re-elected.

What is the downside of contacting the staff of a Senator or Congressperson?

Mention Restraint of Competition and Conspiracy to restrain Competition.

As a team we might prevail.

Nasty Grumpy Old Foghead Hosehead

MandoJohnny · Post by **MandoJohnny** » Mon Oct 09, 2006 12:42 pm

Based on 30 years of sales experience and minimal corporate legal training; [ I am not an attorney, I am in sales and sales management.]

I am offering the opinion that Resmed’s new pricing policy constitutes Restraint of Competition and Conspiracy to Restrain Competition.

Being in sales, you should have been trained on price-fixing laws. So, sales guy, ResMed is inviolation of what law? if you are going publicly proclaim that someone is in violation of a law, shouldn't you have at least have a dim idea of WHAT law you are accusing them of violating? I'll help you out: The closest thing to what you are suggesting Clayton Antitrust Act of 1914, but this situation is not even close to being actionable under that. You are blowing hot air. Imagine that from a sales guy!

If people don't like ResMed, they should not buy from them. Period. There are plenty of alternatives.

BTW, to the people gloating over ResMed's recent stock slump, keep in mind that stock is coming off an all-time high in July, which looks more like a normal adjustment to me. The Associated Press reported the following quote from stock analyst Paul K. Choi on Set. 27, 2006:

"ResMed should continue to grow faster than the overall sleep apnea market, despite recent competition," Choi wrote in a note to investors...Looking ahead, Choi expects ResMed sales to grow 20 percent to $730 million in fiscal 2007. Choi is maintaining his "buy" rating for the stock.

I'm gonna get me some! When I see a lot of whiners with no command of the facts heading in one direction, I always head the other direction!

Wulfman · Post by **Wulfman** » Mon Oct 09, 2006 1:37 pm

From:

http://www.answers.com/topic/sherman-antitrust-act

Price Fixing

The agreement to inhibit price competition by raising, depressing, fixing, or stabilizing prices is the most serious example of a per se violation under the Sherman Act. Under the act, it is immaterial whether the fixed prices are set at a maximum price, a minimum price, the actual cost, or the fair market price. It is also immaterial under the law whether the fixed price is reasonable.

All horizontal and vertical price-fixing agreements are illegal per se. Horizontal price-fixing agreements include agreements among sellers to establish maximum or minimum prices on certain goods or services. This can also include competitors' changing their prices simultaneously in some circumstances. Also significant is the fact that horizontal price-fixing agreements may be direct or indirect and still be illegal. Thus, a promotion or discount that is tied closely to price cannot be raised, depressed, fixed, or stabilized, without a Sherman Act violation. Vertical price-fixing agreements include situations where a wholesaler mandates the minimum or maximum price at which retailers may sell certain products.

From:

http://www.usdoj.gov/atr/public/guideli ... er-ncu.htm

Price Fixing

Price fixing is an agreement among competitors to raise, fix, or otherwise maintain the price at which their goods or services are sold. It is not necessary that the competitors agree to charge exactly the same price, or that every competitor in a given industry join the conspiracy. Price fixing can take many forms, and any agreement that restricts price competition violates the law. Other examples of price-fixing agreements include those to:

* Establish or adhere to price discounts.
* Hold prices firm.
* Eliminate or reduce discounts.
* Adopt a standard formula for computing prices.
* Maintain certain price differentials between different types, sizes, or quantities of products.
* Adhere to a minimum fee or price schedule.
* Fix credit terms.
* Not advertise prices.

In many cases, participants in a price-fixing conspiracy also establish some type of policing mechanism to make sure that everyone adheres to the agreement.

Den
(emphasis added by me)

MandoJohnny · Post by **MandoJohnny** » Mon Oct 09, 2006 1:55 pm

The Sherman Act! Give me a break! You didn't read the most important sentence in your own link.

"The Sherman Act prohibits any agreement among competitors to fix prices, rig bids, or engage in other anticompetitive activity."

The Sherman Act is about collusion among competitors. For the Sherman Act to apply to this situation, you would have to prove that ResMed had a price-fixing agreement with a competitor, like Respironics, that would have them both raise prices in the same way. That hasn't happened, there has been no allegation of it. You are way off on that one. All the verbiage you put in your post applies only to collusion among competitors.

Wulfman · Post by **Wulfman** » Mon Oct 09, 2006 2:13 pm

Read it again, Four-String,

They don't have to be "competitors" in the definition you're using.

"Competitors" would be covered under the "horizontal" definitions.
The "VERTICAL" definitions would cover the manufacturer/distributor/reseller group.

Vertical price-fixing agreements include situations where a wholesaler mandates the minimum or maximum price at which retailers may sell certain products.

Den

October 1st, have YOU emailed resmed today?

ResMed falls

Re: ResMed falls

Contact the Staff of your US Senator or Congressperson