The Antitrust Effects Of Requirements Contracts

The use of vertical restraints and their anticompetitive effects on competition has been used in a variety of forms including customer and territorial restrictions, exclusive distributorships and can also be demonstrated in the use of exclusive dealing contracts or requirement contracts.

The following questions have been addressed in this article:

How are arrangements determined that do not have a written or express contract?
What differentiation can be made between a requirements contract and a tying arrangement?
How can a manufacturer successfully defend these allegations?

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