Dear Readers,
Exclusive dealing is among the oldest concerns of antitrust, and among the least settled. A dominant supplier rarely needs an express exclusivity clause: loyalty rebates, market-share discounts, volume targets, and purchase-share requirements can do much the same work, and courts on both sides of the Atlantic have long struggled to say which of them exclude rivals and which simply reflect the way large transactions are priced. The question has fresh urgency. On September 3, 2026, t
...THIS ARTICLE IS AVAILABLE TO CPI SUBSCRIBERS
Please verify email or join us to access premium content!