Standard documents

Federal and state antitrust law can diverge on the legality of minimum resale price maintenance (RPM) agreements. To avoid that conflict, a supplier may issue a resale price policy (also known as a Colgate policy), that unilaterally sets out the minimum resale price for the supplier's products. This sample policy includes drafting notes offering drafting and implementation tips for suppliers to avoid entering into potentially anticompetitive agreements with their resellers. 

Under the Robinson-Patman Act, a seller is prohibited from discriminating in price among competing buyers.  A meeting competition form can provide evidence that the seller attempted to legally verify a competitor's lower price if it is ever subject to a price discrimination claim.  This Standard Document should be used by a sales person who has been asked for a discounted price from a customer.

A synopsis of the terms which may be included in a franchise purchase agreement, which may be used where the franchisor wishes to ensure that the franchisee is committed, despite the fact that premises to be used for the franchise have not yet been found.

A specimen agreement primarily designed for appointing an exclusive distributor in respect of a particular territory or a particular customer group. The agreement is intended to satisfy the requirements of the EU vertical agreements block exemption (Regulation 330/2010/EU) and, in particular, is drafted on the assumption that the supplier's share of the market on which it supplies the relevant goods or services does not exceed 30 per cent; the purchaser's share of the market on which it buys those goods or services does not exceed 30 per cent; and the distributor does not compete with the supplier at the level of the production or manufacture of the products covered by the distribution agreement.  The agreement may also be adapted for where the distributorship is sole or non-exclusive, but is not intended for use as a selective distribution arrangement.