## Q53 key (Resale Price Policy)

1. The written design is a minimum advertised-price policy if it truly governs public ads and leaves confidential checkout price free. Enforcement may not reach actual resale price through practice. Missed: a label masks transaction-price control.
2. Delete the compliance promise. Use a receipt-only acknowledgment stating no agreement is requested or accepted and Norvale will act independently. Missed: unilateral policy becomes written assent.
3. Ban negotiated adherence, promises that everyone will hold the line, guarantees to the large dealer, and retailer policing of rivals. Receive unsolicited complaints without discussing future enforcement or rival pricing, then verify independently. Missed: dealer pressure becomes concerted action or a retailer cartel.
4. The 18 percent share, dispersed retailers, recent entry, and service investments reduce rule-of-reason risk and support a free-riding rationale, but do not make risk zero. Missed: counsel either declares per se illegality or immunity.
5. Use objective discontinued-product and authorized-promotion exceptions, centralized approvals, public-price monitoring, graduated preannounced consequences, and independent documentation for each supply decision. Missed: discretionary exceptions create negotiations and favoritism evidence.
6. Train sales not to seek promises, coordinate dealers, or threaten one retailer for another. Separate complaint intake from decision-makers and preserve rationale records. Missed: lawful text is implemented unlawfully.
7. Adopt the modified unilateral MAP policy prospectively, not the sales version. If business insists on retailer guarantees or negotiated price adherence, abandon the program. Missed: Norvale accepts agreement risk to gain an assurance the unilateral framework forbids.