Virgin Islands Exclusive Supply Agreement
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How to fill out Exclusive Supply Agreement?
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FAQ
Exclusivity Clause Defined Exclusivity clauses, also called non-compete provisions, prevent one party from soliciting offers or negotiating with a third party within a specific period. They are often located within a confidentiality agreement. Speak with lawyers if you need an alternative to exclusivity clauses.
They are anti-competitive only if they cause an appreciable adverse effect on competition (AAEC).
Guide to Antitrust Laws As discussed in the Fact Sheets on Dealings in the Supply Chain, exclusive contracts between manufacturers and suppliers, or between manufacturers and dealers, are generally lawful because they improve competition among the brands of different manufacturers (interbrand competition).
Ask to be released from an agreement that doesn't give you another way out. Most brokers and agents don't want to work with buyers against the buyers' will. If the broker and agent are willing to release you, request a termination form to make it official.
Also known as exclusivity. A type of agreement (sometimes found in a term sheet or confidentiality agreement) limiting the seller's ability to solicit an offer from or negotiate with a third party during a specified time period. An exclusivity agreement protects a buyer against being outbid by another party.
Exclusive Supply Agreements are defined under Section 3(4)(c) of the Competition Act, 2002 ("Act") as agreements restricting the purchaser from purchasing/dealing with goods other than those of the seller. Exclusive supply agreements operate a restriction on the seller.
Thus, exclusive agreements can be said to be anti-competitive in certain situations under Section 3(4) or Section 4 of the Competition Act or both, only when the parties in question have significant market power.
But exclusive dealing also can be anticompetitive in some circumstances. For example, exclusive dealing may allow one manufacturer, in effect, to monopolize efficient distribution services and thereby prevent its rivals from competing effectively.
Exclusive dealing arrangements are essentially requirements contracts in which a seller agrees to sell all or a substantial portion of its products or services to a particular buyer, or when a buyer similarly agrees to purchase all or a portion of its requirements of a product or service from a particular seller.
Exclusive Supplier means providers with the right to provide certain goods, works or services through a contract.