Exclusive Dealings

What are Exclusive Dealing Agreements?

Exclusive dealings are contracts between manufacturers and distributors that require the distributor to purchase most or all of their inventory of a certain product from that specific manufacturer.

These contracts are common and generally lawful, but may violate antitrust law if they close off a “substantial share” of a market and prevent entry into that market, harming competition.

Victim of an Exclusive Dealings Antitrust Violation?

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Learn the Facts

Laws Prohibiting Illegal Exclusive Dealings

Anticompetitive exclusive dealings violate federal antitrust law, notably the Clayton Act, and are prohibited by state antitrust law, including the Cartwright Act in California.

Under federal and some state laws, private parties (businesses or consumers) who were harmed by anticompetitive conduct can bring antitrust lawsuits seeking damages (in some instance treble damages) and injunctive relief.

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Eric Gibbs
Eric Gibbs

A founding partner at the firm, Eric has negotiated groundbreaking settlements that favorably shaped laws and resulted in business practice reforms.

Linda Lam
Linda Lam

Linda has recovered millions of dollars prosecuting fraud, breach of contract, and breach of fiduciary cases against large banks and insurance companies.


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