MAP Pricing: The Complete Guide for Amazon Sellers
Minimum Advertised Price (MAP) policies are a hot topic for Amazon sellers, brands, and eCommerce attorneys alike. Whether you’re new to online retail or a seasoned seller dealing with baseless intellectual property complaints, understanding MAP pricing—and the real legal landscape behind it—is critical to protecting your business.
Understanding MAP Pricing: The Basics
MAP stands for Minimum Advertised Price. At its core, a MAP policy is an agreement between a manufacturer (or brand) and its distributors or retailers. This agreement sets the lowest price at which those products can be publicly advertised—not necessarily the lowest price they can be sold for in a private transaction. The main goal? To prevent “race-to-the-bottom” price wars that erode brand value and disrupt market stability.
MAP in Practice
Manufacturers: Use MAP agreements to maintain consistent product pricing, support retail partners, and protect perceived brand value.
Retailers/Distributors: Agree to advertise products above the minimum threshold—or risk losing access to those products.
Customers: May see more stable prices across channels, but less frequent steep discounts.
Important distinction: MAP regulates advertising, not the final sale price. Retailers may sell below MAP in-person, through negotiated deals, or using hidden pricing online.
The Legal History: How the Supreme Court Changed MAP Enforcement
For most of the 20th century, mandatory minimum price agreements were considered “per se illegal” under Section 1 of the Sherman Antitrust Act, based on a 1911 Supreme Court ruling (Dr. Miles). This meant any such agreement was automatically void, regardless of its effect on competition.
The Leegin Decision (2007)
In 2007, the Supreme Court’s decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc. overturned the old rule. The Court held that vertical minimum price restraints—including MAP agreements—must be judged under the “rule of reason.”
Key takeaways from Leegin:
Vertical price agreements are not automatically illegal. They’re legal unless proven to be anti-competitive in a specific case.
Enforceability depends on context. If a MAP agreement is used to help consumers, foster competition among brands, or support service quality, it may be legal.
However, if used to fix prices, create cartels, or harm consumers, it could still be ruled illegal.
What This Means for Sellers
If you sign a MAP agreement, you’re legally bound by its terms—especially if your pricing practices can be shown to violate the contract. However, just having a MAP policy in the market is not, by itself, illegal.
How MAP Pricing Works on Amazon and Online Marketplaces
MAP policies create unique challenges for Amazon and other online sellers:
Amazon does not enforce MAP agreements. Their business model is built around offering the lowest prices, regardless of brand requests.
Manufacturers use alternative tactics: Brands often file intellectual property (IP) complaints, rights owner notices, or even baseless counterfeit claims in order to “enforce” MAP, because Amazon won’t do it for them.
Impact on sellers: Even a baseless MAP-related complaint can result in account suspension, lost Buy Box, or permanent deactivation—unless you know how to respond and defend your rights.
Common MAP Issues for Amazon Sellers
Baseless Complaints:
Brands file complaints alleging price violations, even when MAP isn’t legally enforceable or the seller didn’t sign an agreement.IP and Counterfeit Claims:
Manufacturers may escalate MAP issues into IP or “inauthentic” item complaints, triggering serious account risks.Amazon’s Role:
Amazon typically asks the seller to resolve the issue directly with the complainant. If that fails, you must appeal to Amazon’s Seller Performance team, showing that you’ve made a good-faith effort to address the complaint.Public Seller Disclosure:
Recent Amazon policy changes now make seller identities and locations public—making it easier for brands to monitor and contact resellers about MAP pricing.
MAP Pricing vs. Resale Price Maintenance (RPM): What’s the Difference?
MAP restricts advertised prices; RPM attempts to control the actual sale price. MAP is more common and legally accepted, but both concepts are evaluated under the “rule of reason” post-Leegin.
Online twist: Some brands encourage sellers to hide prices behind “add to cart” or “call for price” barriers to technically comply with MAP while still offering deals.
MAP Pricing and Brick-and-Mortar vs. Online Stores
Brick-and-mortar:
MAP enforcement is often looser, with more in-person negotiations and less monitoring.Online sellers (Amazon, eBay, Newegg):
MAP can be imposed through contractual agreements, but enforcement relies on the seller’s signature and the brand’s willingness to pursue violators directly.
Do You Have to Follow MAP Pricing on Amazon?
Short answer: Only if you’ve signed a MAP agreement with the brand or its distributor. If you haven’t signed, you are not legally required to comply, though brands may still try to pressure you or file complaints.
Signed MAP? You are contractually bound and risk breach of contract or legal action.
No MAP agreement signed? You are not subject to those terms—even if a brand complains.
But beware:
Brands may still try to intimidate or suspend you via Amazon’s complaint process, even without legal grounds.
What to Do if You’re Targeted for MAP Pricing on Amazon
Review your agreements:
Confirm whether you’ve actually signed a MAP contract.Document everything:
Keep copies of all complaints, suspension notices, and correspondence.Communicate professionally:
Respond to brands and Amazon with factual, clear information. Don’t admit to violations unless you’re certain.Appeal to Amazon:
If suspended, draft a strong Plan of Action explaining your side and showing attempts to resolve the issue off-platform.Seek legal support:
If a brand pursues legal action or harasses you, Amazon sellers attorney can help.
Frequently Asked Questions About MAP Pricing
Q: Is MAP pricing legal?
A: Yes, if judged to be reasonable under the circumstances. Post-Leegin, courts decide based on competition and consumer impact.
Q: Does Amazon enforce MAP?
A: No. Amazon wants low prices and does not police MAP agreements for brands.
Q: Can I be suspended for MAP issues on Amazon?
A: Yes—often due to manufacturer complaints, not because of Amazon policy.
Q: Are MAP and RPM the same?
A: No—MAP covers advertising prices, RPM covers sale prices. Both are reviewed under the “rule of reason.”
MAP Pricing and Your Amazon Business
MAP pricing is a powerful tool for brands but a major headache for Amazon sellers—especially when combined with Amazon’s new seller transparency rules. The best defense is education: Know your rights, understand what you’ve signed, and stay proactive if you’re targeted by MAP-related complaints.
