MAP Policies Minimum Advertised Price (MAP) Policies are unilateral policies set by manufacturers that dictate the advertised price for products, but not the actual resale price. These policies promote healthy competition among resellers, protect brand value, maintain...
eCommerce
Best Buy Launches Third-Party Marketplace to Broaden Consumer Access
In a significant strategic move, Best Buy has officially launched a new third-party online marketplace, integrating it into BestBuy.com and in the Best Buy App. This launch more than doubles the retailer’s online product assortment, introducing hundreds of new brands...
Our Value is Brand Value: Combating Unauthorized Resellers
In today’s ecommerce-driven economy, brand owners face a relentless challenge: unauthorized resellers who flood online marketplaces with products that undermine brand value, confuse consumers and compromise quality standards. These resellers may operate in gray areas...
L.A.B. Golf and Lululemon’s Costco Membership May Be Expired: How Costco is Highlighting Challenges Faced by Brands
Costco Wholesale, known for its sales model which provides a wide array of products at significant discounts to its members, is facing allegations from Lululemon and L.A.B. Golf regarding unauthorized sales and product imitations. Lululemon, a premium athletic apparel...
Robinson-Patman Liability: Diminished But Not Dead
After decades of dormancy, the Robinson-Patman Act (RPA), returned to the forefront of antitrust enforcement in early 2025—only to stumble swiftly. The RPA is an antitrust law that, at its core, prevents price discrimination among buyers that could harm competition....
Walmart Permits Amazon’s Multi-Channel Fulfillment Services: Implications for Brands
Walmart recently updated its shipping and fulfillment policies to permit its third-party merchants to use Amazon’s Multi-Channel Fulfillment (“MCF”) when fulfilling orders placed through Walmart’s marketplace. With this critical change, Walmart is enabling sellers to...
TikTok on the Clock: Brands Should Begin Monitoring TikTok for Unauthorized Resellers
The ever-growing ecommerce market continues to present new opportunities for brands. But with those new opportunities comes additional challenges in preventing the unauthorized resale of products online. In the past, unauthorized resellers relied heavily on ecommerce...
Amazon’s “Buy Box” Legally Boxes Out the Competition
On March 20, 2025, the Ninth Circuit Court of Appeals affirmed a district court’s order to dismiss a consumer antitrust lawsuit filed against Amazon. In the lawsuit styled Hogan v. Amazon.com, Inc., the consumer-plaintiffs alleged that Amazon forced third-party...
The Hidden Impact of Tariffs: Why Brands Must Strengthen Online Enforcement Efforts
In today’s volatile global trade environment, tariffs have become a double-edged sword for brands. Intended to protect domestic industries, tariffs often lead to unintended consequences that pose significant challenges for brand owners—especially in the online...
Personal Jurisdiction over Foreign Companies in the eCommerce Space
In a significant development for businesses in the eCommerce space, the U.S. Supreme Court has declined to review the Second Circuit's decision in Zembrka v. American Girl LLC, a case that allowed for the exercise of personal jurisdiction over a foreign company...