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Channel IQ | Know What You Don’t Know Series:

Put-Up or Shut-Up:
Successfully Enforcing Resale Price and
MAP Policies wit...
Introductions
Today’s Guest Speakers

Gene Zelek

2

David Howell
Put-Up or Shut-Up:

Successfully Enforcing Resale Price and MAP
Policies with Amazon and Others
Eugene F. Zelek, Jr.

Free...
Reducing the Likelihood of Violation:
Careful Design

4
Philosophy
 Strong, Clear Policy with Sting
 Chilling Effect
 Commitment

5
Don’t do Anything if You are not Prepared to Enforce it with Your
Biggest or Best Reseller

6
Sometimes You Have to Take a Bullet

7
Good Design:
Plan For Change
 Temporary Modifications
 Product or Price Revisions
 Amended and Restated Policy

8
Poor Design:
Policy Timidity







9

Vagueness
May vs. Will
Lack of Sting
More than Three Strikes
Restarting the ...
Poor Design:
Lack of Infrastructure





10

No Internal Champion
No Policy Administrator
Sales Force as Police
No Anc...
Poor Design:
Myopia

 Forgetting Other Means
 Overlooking Business and Legal Conflicts
and Friction
 Neglecting Distrib...
Neglecting Distribution Realities
 Uncontrolled Distribution
 Powerful Resellers
 Multi-Step Implications

12
Multi-Step Implications
 Ignoring Integrated Resellers
 Inability to Track Products
 Invisibility of the Indirects

13
Presenting:

The Reseller of the Year

14
Enforcement

15
Flexibility:
Internal Enforcement Guidelines
 Reseller Mistakes
 Simultaneous Violations

16
Pulling the Trigger:
Violation Letters
 Short and to the
Point
 No Wiggle Room

17
Parade of Excuses
•
•
•
•
•
•
•
18

Never Saw the Policy
Just a Mistake
Not Responsible for What Happens
Policy is Illegal...
Summary, Questions
and Comments

Eugene F. Zelek, Jr.
Freeborn & Peters LLP
312.360.6777
ezelek@freeborn.com
© 2014 All Ri...
Thank You For Attending
Gene Zelek
David Howell

20

ezelek@freeborn.com
dhowell@channeliq.com
Channel IQ
350 W Ontario St...
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Transcript of "20140219 channel-iq-webinar-put-up-or-shut-up"

  1. 1. 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 1 Channel IQ 350 W Ontario St, 6th & 7th Floors Chicago, IL 60654 312.846.1199 www.channeliq.com
  2. 2. Introductions Today’s Guest Speakers Gene Zelek 2 David Howell
  3. 3. 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
  4. 4. Reducing the Likelihood of Violation: Careful Design 4
  5. 5. Philosophy  Strong, Clear Policy with Sting  Chilling Effect  Commitment 5
  6. 6. Don’t do Anything if You are not Prepared to Enforce it with Your Biggest or Best Reseller 6
  7. 7. Sometimes You Have to Take a Bullet 7
  8. 8. Good Design: Plan For Change  Temporary Modifications  Product or Price Revisions  Amended and Restated Policy 8
  9. 9. Poor Design: Policy Timidity        9 Vagueness May vs. Will Lack of Sting More than Three Strikes Restarting the Clock Bad Behaviors Allowed Ineffective Monitoring
  10. 10. Poor Design: Lack of Infrastructure     10 No Internal Champion No Policy Administrator Sales Force as Police No Ancillary Support
  11. 11. Poor Design: Myopia  Forgetting Other Means  Overlooking Business and Legal Conflicts and Friction  Neglecting Distribution Realities 11
  12. 12. Neglecting Distribution Realities  Uncontrolled Distribution  Powerful Resellers  Multi-Step Implications 12
  13. 13. Multi-Step Implications  Ignoring Integrated Resellers  Inability to Track Products  Invisibility of the Indirects 13
  14. 14. Presenting: The Reseller of the Year 14
  15. 15. Enforcement 15
  16. 16. Flexibility: Internal Enforcement Guidelines  Reseller Mistakes  Simultaneous Violations 16
  17. 17. Pulling the Trigger: Violation Letters  Short and to the Point  No Wiggle Room 17
  18. 18. Parade of Excuses • • • • • • • 18 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]
  19. 19. Summary, Questions and Comments Eugene F. Zelek, Jr. Freeborn & Peters LLP 312.360.6777 ezelek@freeborn.com © 2014 All Rights Reserved. 3044399/2 February 19, 2014
  20. 20. Thank You For Attending Gene Zelek David Howell 20 ezelek@freeborn.com dhowell@channeliq.com Channel IQ 350 W Ontario St, 6th & 7th Floors Chicago, IL 60654 312.846.1199 www.channeliq.com
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