The Risks When Implementing a Colgate Program (PDF)

Contact lens users beware. Since the dawn of U.S. antitrust laws, there has always been suspicion of manufacturers and retailers agreeing on the retail price of products. Courts currently uphold many of these so-called "Colgate" polices, but recent actions show the increasing risks of implementing such policies.
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Contact lens users beware. Since the dawn of U.S. antitrust laws, there has always been suspicion of manufacturers and retailers agreeing on the retail price of products. Companies continue to develop various methods of complying with federal and state laws while still attempting to affect retail pricing. Courts currently uphold many of these so-called "Colgate" polices, but recent actions show the increasing risks of implementing such policies.

 

Steve Cernak is Of Counsel in the Ann Arbor office of Schiff Hardin LLP. He advises clients on all aspects of antitrust law. His clients include distributors and retailers interested in both price and non-price restraints. Prior to joining the firm, Mr. Cernak spent more than twenty years as the in house antitrust attorney for General Motors. While there, his advice covered the distribution of vehicles, replacement parts and other products and services. He is equally adept at offering counsel on nonmerger matters, such as negotiating joint venture agreements and providing advice on price programs.

 

Steve's experience extends beyond antitrust to the full range of regulatory matters. Clients call on him to create successful marketing and pricing programs, and to review their advertising. In addition, he has successfully implemented programs that integrate business and legal responses to hundreds of consumer complaints.

 

He has held numerous leadership positions in the American Bar Association Antitrust Section. He is a frequent speaker, writer and media commentator on all antitrust topics. He currently serves as an adjunct professor at three law schools in Michigan.

 

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