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Channel IQ 350 W Ontario St, 6th & 7th Floors
Chicago, IL 60654 312.846.1199
www.channeliq.com
Channel IQ | Know What You Don’t Know Series: Put-Up or Shut-Up: Successfully Enforcing Resale Price and MAP Policies with Amazon and Others Gene Zelek David Howell
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Introductions Today’s Guest Speakers
Gene Zelek David Howell
Put-Up or Shut-Up: Successfully Enforcing Resale Price and MAP Policies with Amazon and Others
Eugene F. Zelek, Jr. Freeborn & Peters LLP
February 19, 2014
Reducing the Likelihood of Violation: Careful Design
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Philosophy
Strong, Clear Policy with Sting Chilling Effect Commitment
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Don’t do Anything if You are not Prepared to Enforce it with Your Biggest or Best Reseller
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Sometimes You Have to Take a Bullet
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Good Design: Plan For Change
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Temporary Modifications Product or Price Revisions Amended and Restated Policy
Poor Design: Policy Timidity
Vagueness May vs. Will Lack of Sting More than Three Strikes Restarting the Clock Bad Behaviors Allowed Ineffective Monitoring
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Poor Design: Lack of Infrastructure
No Internal Champion No Policy Administrator Sales Force as Police No Ancillary Support
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Poor Design: Myopia
Forgetting Other Means Overlooking Business and Legal Conflicts
and Friction Neglecting Distribution Realities
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Neglecting Distribution Realities
Uncontrolled Distribution Powerful Resellers Multi-Step Implications
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Multi-Step Implications
Ignoring Integrated Resellers Inability to Track Products Invisibility of the Indirects
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Presenting:
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The Reseller of the Year
Enforcement
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Flexibility: Internal Enforcement Guidelines
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Reseller Mistakes Simultaneous Violations
Pulling the Trigger: Violation Letters
Short and to the Point
No Wiggle Room
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Parade of Excuses
• Never Saw the Policy • Just a Mistake • Not Responsible for What Happens • Policy is Illegal in Canada or the U.S. • MAP Policy Cannot Lawfully Cover In-the-Cart Prices • Make the Others Take Up Their Prices First • But You Told Me [Fill in the Blank]
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Summary, Questions and Comments
February 19, 2014
Eugene F. Zelek, Jr. Freeborn & Peters LLP 312.360.6777 [email protected] © 2014 All Rights Reserved. 3044399/2
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Channel IQ 350 W Ontario St, 6th & 7th Floors
Chicago, IL 60654 312.846.1199
www.channeliq.com
Thank You For Attending
Gene Zelek [email protected] David Howell [email protected]
