Exclusive Dealing Agreement

Exclusive trade can help consumers in many ways. (78) For example, several participants found that a distributor who sells the product to only one manufacturer would be likely to promote the product more effectively than if it sold products from several manufacturers and (2) that increased brand competition would benefit consumers. One participant said that exclusive trade can „stimulate distributors“ because „if the distributor has only one brand of a product, they will devote all their efforts to that brand.“ (79) Another noted that `the non-division of the merchant . . . increases the dealer`s delivery incentives… to promote more actively the desired services and products of the manufacturer. (80) The entire exclusive distribution is accounted for only if it can be shown to significantly reduce competition (see 47,10)) [7]. 28. Compare z.B.

Jonathan M. Jacobson, Exclusive Dealing, „Foreclosure“ and Consumer Harm, 70 Antitrust L.J. 311, 321 (2002) (Characterization of the defendant`s conduct as „exclusive commercial policy“), with John E. Lopatka & Andrew N. Kleit, The Mystery of Lorain Journal and the Quest for Foreclosure in Antitrust, 73 Tex. L. Rev. 1255, 1287 (1995) („Perhaps the most productive way to investigate the Lorain Journal case is through the use of a binding parparadigme.“). Since no Supreme Court case has ruled on exclusivity since Brown Shoe, jurisprudence has developed in the courts of appeal. The courts of appeal have interpreted Tampa Electric in such a way as to have abandoned the importance of the importance of the Court of Justice in standard stations and therefore take into account a large number of competitive factors in the assessment of exclusive distribution.

One of the topics in these cases is that the extent to which competitors are excluded from the market is only one factor in the analysis; Courts also take pro-competitive justifications into account when assessing the legality of the practice. There is an exclusive sales contract between a manufacturer and a distributor in which the distributor only accepts the manufacturer`s purchases and prohibits trading with others.3 Min Read Of course, each cartel case is unique and other factors can influence the analysis. If you feel that you have an exclusive right, that you are defending yourself against yourself or that you are considering an exclusive trade agreement, contact Bona Law again today. . . .


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