Business Law Monographs, Distribution Practices, assists counsel in determining the degree to which a manufacturer may lawfully control or influence the resale activities of its dealers and distributors.
Chapter 1 describes the distribution process and introduces the reader to the applicable antitrust law.
Chapter 2 reviews the antitrust problems that may be caused by attempts to control a dealer's resale prices.
Chapter 3, on vertical market allocations, addresses legal problems associated with restricting the territories a dealer can operate in or the customers a dealer can sell to.
Chapter 4 discusses the sensitive area of dealer termination.
Chapter 5 helps the reader avoid the legal problems that may arise from the imposition of exclusionary distribution arrangements, such as tying arrangements, full line forcing, requirements contracts, and reciprocal dealing.
Chapter 6 discusses the special antitrust problems of dual distribution systems-systems in which the manufacturer distributes its products through both independent dealers and manufacturer-owned outlets.
Chapter 7 presents a general overview of antitrust risks, listing the distribution practices that pose the highest level of risk as well as the practices that can be considered lawful in most circumstances. It also considers federal and state enforcement policy.
The Forms segment of Business Law Monographs, Volume A2--Distribution Practices includes checklists, sample correspondence, and three sample distribution agreements.
Also available as part of the complete 38-volume set entitled Business Law Monographs.
Table of Contents
Division I TEXT
Chapter 1 The Distribution System
Chapter 2 Unilateral Conduct vs. Agreement
Chapter 3 Vertical Market Allocations
Chapter 4 Exclusionary Distribution Arrangements
Chapter 5 The Selection and Termination of Dealers
Chapter 6 Dual Distribution
Chapter 7 Antitrust Risks Revisited
Division II FORMS
Form A2-1 Antitrust Safe Harbor for Distribution Programs
Form A2-1A Checklist of Factors to Use in Determining Whether a Restraint Is a Vertical or Horizontal Allocation
Form A2-2 Sample Communication to Dealers Regarding Suggested Resale Prices
Form A2-3 Sample Statement of Terms Upon Which a Manufacturer Will Do Business
Form A2-4 Sample Letter of Termination for Failure to Follow Suggested Prices
Form A2-5 Sample Customer Restrictions
Form A2-6 Checklist of Relevant Factors in a Rule of Reason Inquiry
Form A2-7 Sample Distribution Agreement
Form A2-8 Sample Long-Form Distribution Agreement
Form A2-9 Sample International Distributorship Agreement
Form A2-10 Sample Compliance Memo Dealing With Vertical Price Complaints
Form A2-11 Sample Termination of Distributorship Letter (I)
Form A2-12 Sample Termination of Distributorship Letter (II)
Form A2-13 A Three Step Process to Ascertain Whether a Dual Distribution Restraint Is an Unreasonable Restraint of Trade
Form A2-14 A Quick Guide to Classification of Restraints
Form A2-15 Sample Compliance Lecture on Distribution Practices
Division III SOURCE MATERIALS
Item A2-i1 Sherman Act (Sections 1 and 2)
Item A2-i2 The Clayton Act (Section 3)
Item A2-i3 Federal Trade Commission Act (Section 5)
Item A2-i4 U.S. DOJ and FTC Antitrust Guidelines for the Licensing of Intellectual Property
Item A2-i5 National Association of Attorneys General Vertical Restraints Guidelines
Item A2-i6 Federal Trade Commission Guides for Advertising Allowances and Other Merchandising Payments and Services
Item A2-i7 National Association of Attorneys General Horizontal Merger Guidelines
Item A2-i8 Antitrust Enforcement and Intellectual Property Rights