I'm particularly interested in this issue as to how it relates to the following question.
The specifics of the proposed activity would be as follows:
We buy branded goods (made by US based manufacturers) from sources within the US. The goods would then be exported to the UK for subsequent resale. Further, this would all be done in direct contravention of the mfr wishes.
In point of fact they are actively trying to stop this very thing from happening. For example, they impose export restrictions (as a condition of supply) on all US distributors/wholesalers. Basically they're seeking to place certain stock for resale exclusively within the US market and, prevent export to any other.
Naturally we can all guess at to why this might be. Yes you've guessed it I'm sure. Might it have something to do with the RRP (within the EU) being much much higher?
In short they want the sole authorized UK distributor to operate in what could be termed a "geographical monopoly".
So my original question once again:
What are the likely or indeed possible consequences for a UK Ltd company if they engaged in the following type of activity?
Naturally the mfr would first (in order to do anything) have to find out about the activity. However, as they inevitably would, what could then be done about it?
Obviously straightaway try preventing the supply i.e. find the US sources and "plug the leak". More importantly though what legal action if any *could* be taken against the UK importer? For instance can they go to law and "stop the UK importer from doing what they are doing" and then, perhaps sue for some kind of damages/compensation and make it their business to bankrupt the company in the process?
Best Regards
Graeme