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ARTICLE · 14 JANUARY 2016

Customer contracts and exclusivity

Holding Redlich
Holding Redlich
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Holding Redlich

Holding Redlich

Holding Redlich is a large national commercial firm with offices in Melbourne, Canberra, Sydney,...

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Any restrictive condition is only allowed if it does not have an anti-competitive purpose or effect on competitors.

AustraliaAntitrust/Competition Law

With any new business opportunity, there may be a need for capital expenditure to acquire new assets or retro-fit existing assets, to build further capacity into the existing asset base.  This is often a pre-condition of a tender to win work from customers. Transport companies with capital expenditure needs therefore, often seek sufficient volume certainty from their customers to ensure that they can operate profitably. 

It is common to see mechanisms such as requests for supply exclusivity, an offer of volume rebates and minimum volume commitments sought from customers.   These all have the intended effect of trying to build a minimum revenue base from which to derive certainty of earnings and hedge the capital expenditure decision.

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