Can outside antitrust counsel be of help in sensitizing inside counsel to marketing issues?
Nigro: Yes. The Internet and new modes of marketing raise some novel antitrust issues. Also, in some respects the law has changed and in other respects it hasn’t. On the one hand, companies have a lot more leeway under federal law when it comes to resale price maintenance, distribution systems, pricing programs, advertising cooperatives and the like. Companies now have greater flexibility to come up with creative programs to promote more efficient distribution and service for their customers. On the other hand, some states continue to impose rules that are more restrictive than exist under federal law – for example, Maryland recently adopted legislation that makes price maintenance illegal and criminal. We are familiar with the different requirements from state to state and federally. We regularly help companies structure marketing programs and policies. Editor: Are you seeing any emerging trends? Nigro: Yes. There is closer alignment between the agencies on a number of issues where th
