Agreement Not To Sell To Competitors

This means that a company is able to behave regardless of competitive pressure. B, for example other competitors in this market. Are you not able to compete with certain customers because those customers are bound by exclusive agreements with your competitors? Or are you a competitor who has or is considering an exclusive trade agreement? “Vertical” agreements between companies at different levels of the supply chain (. B, for example, between buyers and suppliers or between producers and intermediaries) are generally less sensitive to competition problems than horizontal agreements. As a general rule, maximum resale price agreements do not pose a competitive risk, as they often protect consumers from higher prices and therefore present a low risk. However, given the risks associated with resale price restrictions, each cartel and abuse of dominance consultant program should be carefully considered. Anti-competitive agreements are agreements between companies that prevent, restrict or distort competition and affect trade in the UK and/or the EU. If a distribution agreement contains a “hardcore” restriction, it will not benefit from the guarantees contained in EU competition rules, including the category exemption for vertical agreements. Anti-competitive intent.

Intent is not necessary in Section 1, but a judge or jury is more likely to find favour with the plaintiff if the evidence shows that the defendant had its purpose to oust his competitors from the market. There are two different categories of potential competition problems: vertical activities (i.e. aspects of supplier-customer relationships that have anti-competitive effects) and horizontal activities (i.e. anti-competitive behaviour between competitors, such as agreements between customers or suppliers). Exclusive contracts can benefit competition in the market by providing sources of supply or outlets, reducing contractual costs or ensuring distributor loyalty. As explained in the fact sheets in the supply chain, exclusive contracts between manufacturers and suppliers or between producers and distributors are generally legal, as they improve competition between brands of different manufacturers (Interbrand competition).