EXCLUSIVE DEALING AGREEMENTS AND OTHER EXCLUSIONARY CONDUCT ARE THERE UNIFYING PRINCIPLES

Exclusive dealing agreements are agreements in which one party promises to deal exclusively with another and, thus, not to deal with competitors of the other. Such agreements can raise issues under the antitrust laws because, by denying competitors access to the goods or services (inputs) offered by the promisor, they can exclude those competitors from the marketplace or materially handicap their ability to compete.1 These agreements are, therefore, a form of “exclusionary” conduct in the sense that they can exclude or hinder competitors.