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Inside Minimum Advertised Price Policies Page 1 SCOTUS Develop- ments in Bankruptcy Law Page 5 Magistrate Judge Block Page 11 Robot Price Wars Minimum Ad- vertised Pricing Policies And The Colgate Doctrine In The Era Of Smart Web Crawlers By Lily Y. Li A growing number of manufacturers and wholesalers are using mini- mum advertised pricing MAP policies to control how retailers showcase the price of their goods. Whether the products are smartphones luxury handbags or golf clubs manufacturers use MAP policies to protect brand integrity to encourage retail invest- ment in product display customer service and sales and to avoid the ever-present free-rider problem from price-cutting retailers who do not expend resources on brand promotion but take advantage of those who do. In contrast with a resale price maintenance RPM policy which controls downstream pricing a MAP policy places restrictions on the price at which downstream retailers display prices in fliers store windows - and with increasing importance on their websites. A thoughtfully draftedand consistently enforced MAP policy may avoid some of the antitrust pitfalls in state and fed- eral law that would otherwise apply to agreements on price. In todays e-commerce smart web crawlers can complicate the suc- cessful implementation of a MAP policy. Using automated bots competitors can now access information within an online retailers shopping cart and advertise these in-cart prices directly on the Inter- net. These tactics when successful essentially defeat the benefits of a MAP policy. Now more than ever manufacturers need to develop robust MAP policies to combat smart web crawlers yet avoid the antitrust implications of direct price controls. Advertised Price v. Sales Price Online The difference between advertised price and sales price can be tough to tell with an online retailer. After all both the advertised price and Continued on Page 7 The Newsletter of the Federal Bar Association Orange County Chapter Fall 2015