How can a manufacturer design a legally-compliant trade program that rewards those retailers that deliver the best profit per trade dollar? That's a question that Daniel Kotchen, a contributor to this site, addressed in an article he recently wrote for Forum magazine. Specifically, he addressed the legality of:
- Conditioning trade funds on minimum retail price points consistent with the resale price maintenance standards of Leegin Creative Leather Products v. PSKS; and
- Awarding trade funds on the basis of profitability consistent with the Robinson-Patman Act.
The full article is available here.
Related Post: State Resale Price Maintenance Laws and Leegin