Antitrust Risks in E-Commerce Pricing and Distribution

Avoiding RPM, MFN and IMAP Pitfalls With Online Sales

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, March 24, 2015

Recorded event now available

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Program Materials

This CLE webinar will examine the government’s current enforcement activity regarding the pricing and distribution practices of retailers, distributors and manufacturers engaged in e-commerce, as well as recent private litigation. The panel will outline best practices for identifying unlawful vertical restraints and minimizing antitrust liability exposure.

Description

With online sales now commonplace, counsel for retailers, distributors and manufacturers must be aware of the increased federal scrutiny of e-commerce pricing and distribution practices and take steps to ensure their clients are in compliance with all relevant antitrust laws.

Internet efficiencies allow consumers to quickly compare prices, making resale price maintenance (RPM) protections that limit the supplier/manufacturer’s ability to control prices a key concern for regulators. Whether RPM practices are deemed illegal under U.S. law is a critical question, and is further complicated by the potential international implications of such practices.

The use of most-favored-nation (MFN) clauses in e-commerce is also a hot topic among antitrust regulators. Moreover, Internet distribution raises thorny questions about potential price discrimination between Internet and brick and mortar distributors under the Robinson-Patman Act.

Structuring policies that address Internet minimum advertised price (IMAP) restrictions on the Internet is no easy task. For example, distinguishing between an advertised price and a selling price can be very tricky.

Listen as our panel of experienced antitrust attorneys provides guidance on RPM, MFN, IMAP, Robinson-Patman, and other key antitrust considerations for businesses engaged in online sales, pricing and distribution. The panel will discuss best practices for companies to minimize antitrust liability in e-commerce business practices.

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Outline

  1. RPM concerns
  2. MFN developments
  3. IMAP restrictions
  4. Robinson-Patman and other traditional distribution considerations
  5. Best practices for avoiding antitrust violations

Benefits

The panel will review these and other key questions:

  • What are the challenges for online sellers in distinguishing between advertised prices and selling prices?
  • What is the e-commerce impact of the different state law approaches to the issue of whether minimum RPMs are illegal per se?
  • What steps can companies take to minimize antitrust exposure stemming from Internet distribution?

Faculty

Amanda Norris Ames, Esq.
Amanda Norris Ames, Esq.

Womble Carlyle Sandridge & Rice

Ms. Ames focuses her practice on antitrust law, financial services litigation, and complex civil litigation. She...  |  Read More

James F. Herbison
James F. Herbison

Partner
Winston & Strawn

Mr. Herbison concentrates his practice on complex commercial litigation with an emphasis on civil and criminal...  |  Read More

Jason C. Hicks
Jason C. Hicks

Partner
Womble Carlyle Sandridge & Rice

Mr. Hicks has experience litigating cases and counseling clients in a wide variety of matters involving federal and...  |  Read More

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