Quiz 7: How the Law Affects Reseller Pricing Policies

Please describe the “independent actors” concept in antitrust law.

This response will be awarded full points automatically, but it will be reviewed and possibly adjusted after submission.

We listed 5 best practices a manufacturer can take to significantly lower the chances of its reseller pricing program landing on the wrong side of antitrust law. Can you identify 2 of those practices?

Put the policy online.
Draft the policy as a unilateral statement, not an agreement.
Implement a consistent plan for handling all reseller requests for exceptions.

In the 2007 Supreme Court case known as Leegin, the Court relaxed the federal legal standard with regard to resale price agreements. Whereas the previous standard was “per se” illegal, the Court transitioned to a new standard called…

Please describe what this new legal standard means.

This response will be awarded full points automatically, but it will be reviewed and possibly adjusted after submission.

We stated that it is legally safer to draft a reseller pricing policy as a unilateral statement rather than a two-way agreement. Can you explain the legal justification for this?

These policies are one-way statements—giving both manufacturer and reseller freedom to make their own decisions as “independent actors”.
These policies are reviewed by lawmakers on a yearly basis.

Like any reseller policy, an Authorized Dealer Program should be drafted as a unilateral statement and not an agreement that resellers must sign.

True
False

Quiz 7: How the Law Affects Reseller Pricing Policies

Let’s see how much you’ve learned about the legal implications of reseller pricing policies.

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