The assessment of an exclusivity agreement under Article 3, paragraph 4 of the Act may also include an assessment as to the possibility of granting exclusivity at issue to other section 3 exceptions. In a preliminary investigation in 2011 into allegations that Abal-o-lu Yem Soya ve Tekstil A. (” Abal-o-lu “) had exclusivity clauses in its distributor contracts for the sale of chicken meat and eggs under the “Lezita” mark, the Commission had decided that Abal-o-lu would not oppose Law No . . The committee of the 6th and the (…) In 2013, a company will enter into a supply contract with a food distribution company with a subsidiary of the Carrefour Group for a period of seven years, tacitly renewable for five years. On the same day and for the same period, it enters into a branding agreement with another group (…) CCA opens administrative proceedings against Coca-Cola Hrvatska – The Croatian Competition Authority has opened ex-officio infringement proceedings to determine whether the Company Coca-Cola HBC Hrvatska d.o.o. of Zagreb had entered into a prohibited agreement and has committed to (…) Exclusive trade is generally referred to as a supplier-induced act, but the buyer has the power to influence exclusive trade through several methods. At the point of production, some distribution networks have a stronger influence on the downstream market than upstream, because “consumers are more likely to change products in the supermarket than to change brands.”  Dobson (2008) found that “buyer-led restrictions are most common when the buyer has a bargaining advantage over suppliers who guarantee their compliance or consent Alternative methods of exclusive trade are prohibited by Section 47 of the CCA. Overall, anti-competitive vertical transactions are prohibited. Subject to the terms of this exclusive distribution agreement, the supplier designates the distributor and the distributor accepts such an order and undertakes to act as the sole distributor of supplier products (defined below) in the following geographical area (the “territory”): the imposition of exclusive contracts by a dominant company may, in itself, constitute an infringement under Section 4 of the Act.
, in violation of Section 4(2) (a) (ii) and Section 4 (2) (c) of the Act, provided that exclusivity is not objectively justified. There is therefore no obligation to demonstrate anti-competitive effects. The Directive on unfair business practices in business-to-business relations within the food supply chain was adopted after long hesitations and several phases of negotiation (for the historic Emilie Prouzet, at the conference “Rewriting Title IV of Book IV of the Code of Commerce”, (…) 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. Exclusive dealer agreements may also exclude competition at the dealer level. The exclusive trade agreements covered by Article 102 of the Treaty on the Functioning of the European Union are vertical agreements that require the customer to purchase a particular type of goods or services only from a dominant supplier. The term exclusivity contract refers to an agreement that limits the supplier`s ability to supply people other than Stream`s specific customer and vice versa.