What to keep in mind
Assess duration, territory, switching options, supplier and distributor positions and potential exclusionary effects.
A clause cannot be declared lawful or unlawful merely because it is called exclusive.
Distinctions often confused
Vertical restrictions differ from agreements between direct competitors.
Frequently asked questions
Are exclusive distribution contracts forbidden?
Not automatically; competitive effects and applicable law determine the analysis.
Should exclusivity extend to every product and territory?
Only where justified and legally appropriate.
Informational content. It is not a substitute for professional advice.