Podcast Summary
Price wars are everywhere. Amazon sellers you don’t recognize keep undercutting you. And everyone claims they have a “MAP policy,” but very few know if it actually holds up under US law.
In this episode of Digital Shelf Insider, Shreshta Joy talks to Michael R. Murphy, Partner at K&L Gates, to clear up one of the most misunderstood topics in e-commerce: Minimum Advertised Price (MAP) Policy and Enforcement.
Michael explains why most brands are using the term MAP incorrectly, how unilateral pricing policies really work, and where brands accidentally cross into antitrust risk without realizing it. The conversation stays practical, grounded in real cases, and focused on what actually works.
Key themes
Here are some super interesting themes that we covered in this conversation:
Why Brands Need Pricing Policy Discipline
Brands are coming off heavy promo seasons and constant marketplace discounting. The episode explains why pricing policies exist in the first place: to protect predictable dealer margins, avoid constant channel conflict, and prevent a destructive cycle where the brand is forced into rebates, co-op demands, and endless product relaunches just to reset pricing.
The Biggest Misconception: MAP vs UPP
A major chunk of the conversation focuses on what most people call “MAP” versus what they often actually have in practice. The episode draws a clean line between:
- Unilateral Price Policies (UPP): built around the brand’s right to choose who it sells to, and the reseller’s right to set their own prices, with enforcement through supply decisions.
- Traditional MAP policies: tied to co-op advertising funds, where enforcement is typically limited to withholding those funds.
The takeaway: many brands use the word “MAP,” but the legal structure they need is often unilateral.
Global Reality Check
This episode is firmly centered on US law, while calling out that in many regions (like parts of Europe and others), pricing policy approaches brands use in the US may not be permitted. For global brands, “copy-paste” policy templates are a risk.
What Makes a Policy Enforceable (And Defensible)
The episode emphasizes non-negotiables for making a policy stand up under scrutiny:
- A unilateral policy must stay unilateral.
- Avoid anything that looks like an “agreement” with retailers on resale price behavior.
- Consistency matters: rules should apply evenly across accounts, not one rule for a major marketplace and another for everyone else.
Evidence and Recordkeeping
Brands don’t need a courtroom-grade dossier for every violation. Practical proof, like screenshots and timestamps, is usually sufficient. The bigger point is to keep the system clean, minimal, and protected where legal advice is involved.
The Need for Authorization Programs
The conversation makes a blunt point: if you don’t know who a seller is and where they source inventory, your pricing policy won’t work. Amazon problems often require an upstream solution: authorization and transparency, not just pricing rules.
Episode Highlights
- A clear explanation of the two legal pricing policy structures brands rely on in the U.S.
- Why co-op-based MAP enforcement can be weak for brands selling through distribution or with indirect sellers.
- How “too many warnings” and sales-led enforcement can create risk, even if the policy started out legal.
- Why an authorized reseller program is often the real foundation for stopping marketplace chaos.
- A practical view on monitoring frequency: higher cadence can help identify who leads price drops vs who follows, which can inform smarter action.
Takeaways
Actions you can implement immediately:
- Stop treating pricing policy as a document. Treat it as a system. A policy without monitoring and enforcement is not protection.
- Use the right tool for your channel structure. If co-op dollars are not central to your selling model, a traditional MAP framework may not give you enough leverage.
- Build an authorization layer. Brands need a clear way to define who is allowed to sell online, where they can sell, and under what identities.
- Keep enforcement calm and consistent. One standard, one set of rules, one process that does not depend on sales exceptions.
- Design for the marketplace reality. More sellers on a marketplace often increase price pressure. An authorization strategy can reduce that pressure.
- Invest in monitoring that supports action. Capturing who initiated price erosion can help brands prioritize corrective moves and channel decisions.
This episode is a practical reset for any brand trying to protect price integrity in 2026. The core message is simple: legality, enforceability, and marketplace control come from a strong foundation + discipline.
If your team is building (or rebuilding) your pricing protection playbook, this is the episode to share internally.
Disclaimer: The content shared in the Digital Shelf Insider Podcast by MetricsCart is for general informational and discussion purposes only. The insights, opinions, and perspectives expressed by hosts and guests are their own and do not constitute professional advice, recommendations, or endorsements by MetricsCart or any affiliated entity.
