Focused on all aspects of marketing law, including pricing, distribution, branding, intellectual property, and much more. Gene applies extensive counseling, transactional and litigation experience on behalf of a wide range of leading consumer and industrial businesses and consulting firms throughout the world.
Although all pricing policies are often referred to as “MAP Policies,” there are two distinct types. The first is called a “Minimum Retail (or Resale) Price (MRP) Policy” and establishes a minimum price that applies to all advertising or other offers, as well as the actual selling price. The second or Minimum Advertised Price (MAP) Policy covers only the advertised or offer price and never the actual selling price.
In the online context, this means that an MRP Policy applies to all parts of a website referring to price, while a MAP Policy can only cover the product page and the in-the-cart price, but never the checkout price. Similarly, in the brick-and-mortar context, an MRP Policy applies to everything outside the store (like direct mail and newspaper advertising) and everything in the store (like displays and price tags), while a MAP Policy is limited to just those things outside the store. Sometimes, a pricing policy only covers online selling, in which case, its MRP variation is an Electronic Minimum Retail (or Resale) Price (EMRP) Policy, while its MAP version is either an Electronic Minimum Advertised Price (EMAP) Policy or an Internet Minimum Advertised Price (IMAP) Policy.
Some call an MRP Policy a “UPP,” which stands for “Unilateral Price (or Pricing) Policy.” However, all pricing policies—whether MRP, EMRP, EMAP or IMAP—are or should be unilateral, so the use of UPP can be confusing. MRP is more specific and the better choice when referring to a policy that applies to both online and in-store offer and selling prices.
Eugene F. Zelek, Jr.
Taft Stettinius & Hollister LLP
111 East Wacker Drive, 28th Floor
Chicago, IL 60601
O: (312) 836-4010
M: (630) 442-4482
Three words with vastly different meanings, yet they all can be used when describing a brand’s commitment to their Price Policies. How can that be? Let’s take a look at these words as they relate to price policies and the common use in the many conversations, we have regarding them. ...Read More
Sounds like a loaded questions doesn't it? One of the most overlooked or undervalued answers to this question is "Do you have the stomach to stop selling to a good customer". Consider this "Is this really a good customer if they're undermining your efforts to maintain a fair market for the rest of your customers". Consumers will find and buy your products regardless of the source. Brand integrity, customer service and continuing to bring viable products to market isn't easy or inexpensive but it's what you've built your business on. Don't allow your work to be degraded by sellers who are only interested in a quick buck and could care less about how their actions undermine your hard work. ...Read More
In today's dynamic business climate, price changes have taken on much more importance. Freight and raw material costs are rising quickly and price changes need to happen quickly as well. Fortunately, we make these price changes easy for our clients. It's as simple as sending us an email with the new file and we make it happen. No need to log into a portal and format your file to fit etc. Just send us your price file to ensure enforcement is in sync with your internal price notifications. In addition, we can make sure your new price file is distributed to all your resellers, even the ones that you do not have direct contact with. We can notify all the Amazon and eBay sellers in one easy email making your life easier and also heading off future advertised price violation issues. IMPORTANT: Do not forget to update your data services as well. Updating one and not the other is a recipe for a MAP violation nightmare." Send your price files to; email@example.com ...Read More
Besides monitoring and MAP policy enforcement we also develop a healthy relationship with your compliant sellers.