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Exclusive Dealing Without Exclusivity: Screening Contracts, Loyalty Rebates, and the Limits of Antitrust Tests

BY and | October 25, 2026

Dominant suppliers do not often ask customers to sign an explicit exclusivity clause. They can achieve much the same result through prices, loyalty rebates, market-share discounts, all-unit discounts, or minimum...

Dominant suppliers do not often ask customers to sign an explicit exclusivity clause. They can achieve much the same result through prices, loyalty rebates, market-share discounts, all-unit discounts, or minimum purchase requirements. These practices are now commonly assessed through the As-Efficient-Competitor (“AEC”) test. We study them in a model in which a dominant seller screens a buyer who knows both the strength of its demand and the gains from trading with a capacity-constrained riva

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