Exclusive dealing agreements, which restrict a distributor or retailer to selling only the products or services of a specific manufacturer or producer, are common in many industries. Exclusive dealing can have anti-competitive effects. The ultimate concern is that it allows a manufacturer or supplier to raise prices or restrict output because rivals are unable to compete effectively enough to blunt the dominant manufacturer’s efforts to raise prices or reduce output. Jeffery M. Cross, a member of the Litigation Practice Group and Antitrust & Trade Regulation Group, provides an overview of exclusive dealing agreements and explores key antitrust consequences of such restraints in his article, “Antitrust and Exclusive Dealing.” The article, which was published in the Spring 2018 issue of Today’s General Counsel magazine, is the latest installment in Cross’ series "The Antitrust Litigator.”
For a PDF of the article, click the button below.