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20140219 channel-iq-webinar-put-up-or-shut-up

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  • 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. Introductions Today’s Guest Speakers Gene Zelek 2 David Howell
  • 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. Reducing the Likelihood of Violation: Careful Design 4
  • 5. Philosophy  Strong, Clear Policy with Sting  Chilling Effect  Commitment 5
  • 6. Don’t do Anything if You are not Prepared to Enforce it with Your Biggest or Best Reseller 6
  • 7. Sometimes You Have to Take a Bullet 7
  • 8. Good Design: Plan For Change  Temporary Modifications  Product or Price Revisions  Amended and Restated Policy 8
  • 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. Poor Design: Lack of Infrastructure     10 No Internal Champion No Policy Administrator Sales Force as Police No Ancillary Support
  • 11. Poor Design: Myopia  Forgetting Other Means  Overlooking Business and Legal Conflicts and Friction  Neglecting Distribution Realities 11
  • 12. Neglecting Distribution Realities  Uncontrolled Distribution  Powerful Resellers  Multi-Step Implications 12
  • 13. Multi-Step Implications  Ignoring Integrated Resellers  Inability to Track Products  Invisibility of the Indirects 13
  • 14. Presenting: The Reseller of the Year 14
  • 15. Enforcement 15
  • 16. Flexibility: Internal Enforcement Guidelines  Reseller Mistakes  Simultaneous Violations 16
  • 17. Pulling the Trigger: Violation Letters  Short and to the Point  No Wiggle Room 17
  • 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. 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. 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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