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Why Leaving the Door Open Can Be (Much) Worse Than Closing It: Share-Based Requirements, Buyer-Specific Costs, and Foreclosure

BY and | October 25, 2026

Share-based requirements—agreements or rebate programs that condition favorable terms on a buyer purchasing a specified share, but less than all, of its requirements from a dominant seller—occupy an uneasy middle...

Share-based requirements—agreements or rebate programs that condition favorable terms on a buyer purchasing a specified share, but less than all, of its requirements from a dominant seller—occupy an uneasy middle ground in antitrust law. Should they be evaluated like exclusive dealing, or should they be evaluated under a more relaxed standard, given that they leave part of the buyer’s demand open to rivals? One might naturally expect them to be less worrisome than full exclusivity. But rec

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