What a MAP Policy Will Not Fix on Its Own

MAP addresses advertised prices. A pricing notice does not establish counterfeiting or resolve every dispute about an offer. A marketplace selling its own inventory needs a review of the retail account and its applicable terms.

What it does protect

A MAP policy sets an advertised minimum for the offers it covers. It does not make every advertised price identical or guarantee dealer margin. Measure the observed prices and ask dealers about their actual stocking and service decisions.

It also gives you a defined thing to enforce. A seller advertising under a published figure is a checkable fact with a URL and a timestamp behind it. A complaint that a reseller is bad for the brand has no such record, which is why it never goes anywhere.

Where a separate review is needed

The selling price. MAP governs advertising. A reseller can still sell for whatever they choose. A policy that tries to set the transaction price is a different arrangement, with different legal exposure. We are not lawyers and this is not legal advice. The distinction between a unilateral supply decision and an agreement on price dates from United States v. Colgate and Co., 250 U.S. 300 (1919). Resale price maintenance has been judged under the rule of reason since Leegin Creative Leather Products v. PSKS, 551 U.S. 877 (2007). Some states are stricter. Your counsel draws that line, and you want it drawn before the first notice.

Counterfeits. A counterfeit seller is not going to honour your price floor, and a MAP notice gives them nothing to lose. Counterfeits are an intellectual property matter, handled through platform brand-protection processes and test purchases. Running them through the price programme wastes the programme and delays the response.

First-party marketplace pricing. When a marketplace sells its own stock, review that retail account. Check the supply agreement and ask counsel which policy terms apply.

Sellers outside your network. Stock can pass through several businesses before reaching a storefront. Check the actual supply and policy records. Counsel should assess the available response without assuming that seller status settles it.

The gap between detection and effect

A monitoring tool reports observed listings under policy. The next steps need an owner. Investigate the seller, review the applicable terms, send any approved notice and record what changes. Supply restrictions require their own legal review and follow-up.

That is why compliance rate is the number to watch. Violations found goes up when you look harder, which makes it useless as a measure of progress. The share of listings at or above policy is the only one that reflects whether the advertised price actually moved.

Setting expectations before you start

Name the problem before choosing the response. A pricing complaint, suspected counterfeit and marketplace retail account each need their own evidence. Agree the review and measurement for each case before treating it as resolved.

Correction, 23 September 2026: the earlier version treated first-party marketplace retail as beyond MAP enforcement. The account and applicable terms need review.