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Eugene F. Zelek, Jr.
Guest Writer

About The Author

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.

When MAP Isn’t MAP?

When is a MAP policy not actually a MAP policy?

 

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

ezelek@taftlaw.com

Know more about these abbreviations (MAP, EMRP, DMCA, UMAP, VeRo, EMAP, IMAP, MSRP, MRP, and UPP) and get a clear picture.

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