Exclusive Supply Agreement Competition Law

It should be taken into account, however, that a company`s dominant position has traditionally resulted in a heavier burden of proof to justify its conduct. Although there is no precedent in India, it is likely that the ICC will draw a sheet of Community guidelines on vertical restrictions and may require a dominant company to impose an exclusive agreement to justify its conduct by demonstrating: (i) that exclusivity leads to competitive efficiency gains; (ii) that exclusivity is essential to achieve competitive efficiency gains; (iii) that efficiency gains that may promote competition outweigh the likely anti-competitive effects; (iv) that the behaviour does not exclude effective competition; and (v) that the party pass on the efficiency gains to end consumers. Schwarzkopf (`Schwarzkopf` or `supplier`), which markets hairdressing products, enters into a partnership agreement with Pascal Coste and his subsidiary New Line (`Pascal Coste` or `distributor`) at the head of a network of franchises and (…) Resale agreements involve the efforts of a manufacturer or supplier to control or influence the price charged by a distributor to its customers for the manufacturer`s product. Minimum prices are generally illegal and many jurisdictions consider them to be illegal in themselves. Some jurisdictions apply a regulatory approach in the analysis of these agreements and make them illegal only if the anti-competitive effects outweigh the competitive advantages of the agreements. 1. ec.europa.eu/competition/antitrust/legislation/guidelines_vertical_en.pdf the Swedish Competition Authority assumes the obligations of training companies Bruce is a company that provides training services. The company proposed to limit the use of exclusive contracts with gyms in order to avoid competition problems. The Swedish Competition Authority (…) Following an initial opinion of the CEPC on a milk supply contract, which was previously commented on (see circular 12/2017, no obs.), the Commission has re-examined this very specific type of contract, which is rather symptomatic of the tensions that have been heard between the players of the (…) The Supreme Administrative Court of Lithuania has accepted the reopening of the judicial procedure relating to an anti-competitive agreement on the biofuels market, as did the Supreme Administrative Court of Lithuania (…) The theory of the silos of exclusive agreements provides that an upstream producer with market power would use such exclusive trade restrictions to prevent a potential new entrant from having access to the vital inputs of a distribution network, which would ultimately prevent market entry, and allow the incumbent supplier to further increase its market share.