Testimony on Exclusive Dealing for the DOJ/FTC Hearings on Single-Firm Conduct and Antitrust Law

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Joshua Wright, Nov 17, 2006

On November 15, 2006, Joshua Wright presented testimony before the U.S. Department of Justice and Federal Trade Commission at the Public Hearing on Single-Firm Conduct and Antitrust Law. This viewpoint is a summary of his testimony.

Exclusive dealing contracts have been the focus of a substantial amount of recent antitrust litigation. A number of these cases allege that slotting contracts, payments from manufacturers to retailers for promotional shelf space, impair rivals and ultimately harm competition. A theme in these cases, such as McCormick, Conwood, and Gruma, appears to be that some form of exclusivity term explicitly limiting rivals’ access to shelf space appears to be a necessary condition for antitrust liability. Wright’s testimony examines antitrust analysis of exclusive shelf space arrangements.

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Testimony on Exclusive Dealing for the DOJ/FTC Hearings (Nov. 15, 2006)

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