Resale Price Maintenance and Minimum Advertised Pricing: Structuring to Minimize Antitrust Scrutiny
State, Federal, and International Treatment of RPM Agreements and MAP Policies
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine the antitrust issues that can arise with arrangements designed to influence resale prices or establish minimum advertised pricing (MAP), and the differing treatment of those arrangements in state, federal, and international jurisdictions. The panel will provide best practices for proceeding with such arrangements.
- Treatment of RPM agreements
- Federal treatment
- Treatment of MAP programs
- Triggers that raise antitrust concerns
- Best practices for RPM and MAP programs going forward
The panel will review these and other key issues:
- How are federal courts and state antitrust authorities currently enforcing the law concerning RPM agreements, and how is that law applied to arrangements designed to influence resale prices even if there is no explicit agreement on such prices?
- What do recent state actions signal for future state enforcement?
- How can businesses and their counsel best cope with the conflicting treatment of RPM under differing legal regimes?
- How do MAP policies differ from RPM agreements, and what are some pitfalls to avoid in implementing MAP policies?
Michael A. Lindsay
Dorsey & Whitney
Mr. Lindsay practices in the area of general civil litigation, with a strong emphasis on antitrust (litigation and... | Read More
Mr. Lindsay practices in the area of general civil litigation, with a strong emphasis on antitrust (litigation and counseling), trademark and unfair competition, commercial litigation. He regularly counsels clients on antitrust issues, particularly in matters involving distribution or pricing issues (including Robinson-Patman questions), and mergers and acquisitions.Close
William L. Monts, III
Hogan Lovells US
Mr. Monts focuses his practice on antitrust and competition litigation, abuse of dominance and restrictive practices,... | Read More
Mr. Monts focuses his practice on antitrust and competition litigation, abuse of dominance and restrictive practices, competition compliance, class action and group litigation, and commercial litigation. He has handled virtually every kind of antitrust dispute — price fixing, market allocation, boycott, tying, price discrimination, and monopolization — for major international companies and domestic clients and associations in industries as diverse as automobiles, energy, healthcare, software, insurance, and the professions.Close