Based on these answers, though. UD isn't trying to stop product dumping.
Question – Is Upper Deck setting a price that Authorized Distributors, Certified Diamond Dealers or Authorized Internet Retailers can sell products at?
Answer – No. Upper Deck cannot set a price on what products are sold at.
How does this stop any product dumping? It might stop 'advertised' product dumping (since a shop can't use eBay or internet in the first 90 days), but I'm sure a couple of phone calls will put a motivated cracker into a boatload of cheap product that UD is never gonna care or know about. A number of large online retailers have brick-and-mortar shops and are eligible for 'authorized internet retailer' status anyways, so I wouldn't be surprised if the major 'problem' online guys even leave the game at all. It might stop them from selling cross-border, but I don't see how this forces a case-buster to buy locally or pay more for product. They might be able to track boxes, but tracking singles will be impossible (unless they plan to put a customer service issue in every box - maybe we have to supply a receipt with our redemptions making them completely unsellable).
A couple other things I found particularly 'interesting'...
Question – I’m a shop and if I purchase three cases of a product and can’t move two of them, what are my options for selling off the other two cases?
Answer – Shops will need to wait the 90 day period before they look to move product through alternate methods. Any shop found doing so before the 90 day period is subject to removal from the program. It is imperative that shops understand their needs and buy responsibly. Additionally, as an industry we need to get away from this sort of thinking. In what other industry do you plan where you are going to get rid of product before you even take possession of it? Let’s let the collector ultimately determine the fate of products!
Aren't the manufacturers (and distributors) the ones who have instituted 'allocations' for top products based on previous bookings? They didn't say they were eliminating allocations, though. So, a brick-and-mortar shop will still get The Cup if they don't order Victory? Doubtful. What they are saying - you can't dump the two cases on eBay for 90 days, after 90 days UD doesn't care. By UD not 'fixing' a sale price, though, shops can sell it legitimately at cost in the first 90 days, your buyer just has to bust it or wait 90 days to sell the sealed boxes (unless he does it at a show UD's 'Hobby Enforcement Officer' isn't at or somewhere besides eBay)... Seems unenforceable legally speaking. [Note - There are actually some very good books on cash flow, inventory management, etc. It is actually considered 'responsible' business to plan how you will move product before you purchase and it arrives, some would call that 'standard practice'.]
Question – I’m a collector and I have been able to purchase through a distributor in the past. Is that going to change?
Answer – Yes. The job of our distributors is to help keep shelves stocked for our hobby shops and authorized internet retailers. Any of our distributors found selling to collectors will be removed from our distribution network. As a collector however, you will still have plenty of resources to purchase product.
Shouldn't this read (I took a little creative license)...
Question - I'm a non-brick-and-mortar
business who has been purchasing products legally through a distributor for the intent of resale. Is that going to change?
Answer - Yes. You can no longer buy UD (or Panini in May) products. We've notified you just in time for you to realize you will be locked out of The Cup no matter what your bookings have been this year on our products. Good luck with your business which will now be built around ITG and Topps. [Psst... Call D&A or Blowout and they should be able to give you a decent case price at release.]
The bottom line... I'm hopeful that this will help guys like Wayne and Stadium and others I don't know (i.e. the good shops), I really do. Based on what I've read of the explanation, though, I'm sad to see that either UD (and soon Panini) doesn't understand economically how the system they have created works unless there are a ton of hidden caveats, like a MAP only of online retailers, or they are really just providing this project a little lip service until it is discontinued.
[I'm also interested to see how many shops/distributors are ready to handle 90-day inventories. The distributor I have been using is on the list, but he is usually 'sold-out' after 2-3 weeks on new products. If he is now in charge of 'stocking and re-stocking' shops, seems like he's planning to carry to some serious inventory. Wonder how he'll get rid of it after 90-days...]