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The Atlantic Divide in AntitrustAn Examination of US and EU Competition Policy$
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Daniel J. Gifford and Robert T. Kudrle

Print publication date: 2015

Print ISBN-13: 9780226176109

Published to Chicago Scholarship Online: September 2015

DOI: 10.7208/chicago/9780226176246.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 18 May 2022

Exclusive-Supply Contracts

Exclusive-Supply Contracts

(p.101) 6 Exclusive-Supply Contracts
The Atlantic Divide in Antitrust

Daniel J. Gifford

Robert T. Kudrle

University of Chicago Press

This chapter describes the traditional approaches to exclusive supply contracts taken in the United States and in the European Union, identifying similarities and differences. It examines evolutionary changes in the U.S. approach from a simple “substantial share” test to measure foreclosure to more recent concern with the effects of exclusive contracts in enlarging market power. It describes contemporary developments in applying the monopolization clause to exclusive supply arrangements. It also explores potential policy divergence between the European Commission and the European courts in dealing with exclusive supply contracts Finally, the chapter assesses the relevance of economic models (including post-Chicago models dealing with collective-action issues) to legal policy on this issue.

Keywords:   substantial share, foreclosure, post-Chicago, collective action

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