Exclusive Agreement Laws

On 26 December 2019, the newly created Competition Authority of New Caledonia issued its first sanction decision. This is a practice of maintaining exclusive import agreements, which are sometimes accompanied by a non-competition clause and are contrary to Article 421-2-1 of Article 421-2-1 of the (…) CCI does not consider a violation of the exclusive sale of Coca-Cola beverages by INOX Theatres at prices higher than the retail price The Competition Commission of India (“CCI/Commission”) on behalf of 28.02.2019 lightens INOX Leisure Ltd (“INOX”) and Hindustan Coca-Cola Beverages Private Ltd (…) This summary contains an analysis of the decision of the Turkish Competition Committee (“Board”) Tuborg (20.06.2019; 19-22/335-152) in which the Chamber withdrew the individual exception of Tuborg Pazarlama A.A. (“Tuborg”) which, from its exclusivity agreements with sellers such as (…) ACM closes investigation into AbbVie drug manufacturers, competitors are getting more space now – drug maker AbbVie said it doesn`t require hospitals to buy exclusively or much of AbbVie on rebate systems (or rebate programs). AbbVie has these assurances (…) In the area of exclusive distribution, an interesting decision of the Paris Court of Appeal was taken this quarter, which reminds us of the importance of carefully anticipating the end of the contract and the end of the obligation of exclusivity that results from it. Since June 1, 1995, a supplier (…) The Department of Justice is suing the Google Monopoly for Violating the Agreements Act – Department files a complaint against Google to face competition in Search and Search Advertising Markets Restore Today, the Department of Justice – along with eleven attorneys general – has filed an action regarding cartels and abuse of dominant position in the (…) Exclusive sales contracts that require a distributor to sell products to a single producer may have similar effects on a new manufacturer that prevents its products from accessing sufficient market opportunities to allow consumers to compare their new products with those of the first producer. Exclusive sales contracts can be antitrust-against by preventing newcomers from competing with sales. For example, the FTC found that a piper`s accessories producer had illegally maintained its monopoly on domestically manufactured ductile steel faucets by requiring its distributors to purchase domestic faucets exclusively from it and not from competitors attempting to enter the domestic market. The FTC found that this producer`s policy prevented a competitor from achieving the sales necessary for effective competition. In another case, the DOJ challenged the exclusive trade agreements of an artificial teeth manufacturer with a market share of at least 75%. These exclusive contracts with major dealers have effectively blocked smaller rivals from selling their teeth to dental laboratories and ultimately being used by dental patients. In similar situations, newcomers may face considerable additional costs and time to encourage distributors to abandon exclusive agreements with the leading company or create another way to get their product before consumers. The harm to consumers in these cases is that the measures taken by the monopoly prevent the market from becoming more competitive, which could lead to lower prices, better products or services or new options.

Purchasing Offices: The Authority is reviewing the proposed commitments – The Competition Authority has opened several investigations to examine joint procurement agreements in the food distribution sector. It has proposals for commitments related to the casino, Auchan, (…) Discuss the terms of payment of the agreement, including all rebates, deposits and taxes that are required or indicated. See how the seller makes invoices available to the buyer as well as late fees or payment options. You can include a section that covers the action required if a party terminates the contract.