Discounted Pricing Clauses: Drafting Enforceable and Compliant Provisions After Collins
Utilizing Bundles, Minimum Requirements Clauses, and Tiered or Volume-Based Pricing Incentives
Recording of a 90-minute CLE webinar with Q&A
This course will address potential pitfalls in drafting discounted pricing clauses in commercial contracts, particularly in light of the Sixth Circuit's decision in Collins Inkjet Corp. vs. Eastern Kodak, 14-3306 (6th Cir. 2015). The panel will review the efficacy of bundled pricing provisions, minimum requirements contracts, and tiered or volume-based pricing schemes, as well as provide best practices for drafting compliant clauses.
- Types of pricing clauses—bundled, minimum requirements, tiered/volume-based
- Collins decision and application of the discount attribution test
- Divergent holdings across the circuits
- Implications for future decisions
- Best practices for drafting effective and compliant pricing clauses
The panel will review the following issues, among others:
- How are the various types of discount pricing schemes structured and applied?
- What are the tenets and implications of the Collins holding?
- How can counsel minimize risk in utilizing these pricing clauses?
Thomas J. Collin
Mr. Collin heads the firm's Antitrust, Competition & Distribution practice. He has broad antitrust, dealer... | Read More
Mr. Collin heads the firm's Antitrust, Competition & Distribution practice. He has broad antitrust, dealer termination and unfair competition litigation experience. Mr. Collin has guided clients through complex product distribution issues, from realignment of dealer networks to drafting dealer, distributor and agency agreements across a wide range of industries and has represented clients in DOJ investigations as well as against charges of federal antitrust law violations.Close
Howard M. Ullman
Orrick Herrington & Sutcliffe
Mr. Ullman is a member of the Firm's Litigation and the Antitrust and Competition Groups. He focuses his... | Read More
Mr. Ullman is a member of the Firm's Litigation and the Antitrust and Competition Groups. He focuses his practice on competition and antitrust law, trade regulation, unfair competition, class action and complex litigation issues. He has extensive experience advising on distribution law and distribution system issues (including competitor collaborations, pricing issues, non-price restraints and dealer termination issues). He routinely addresses and counsels on the antitrust / intellectual property interface. He regularly counsels companies on competition issues and price fixing, including Robinson-Patman Act (price discrimination) issues and market concentration issues.Close