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ARTICLE · 23 DECEMBER 2013

Exclusive Purchasing Clauses Can Have An Anti-Competitive Object

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

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The Supreme Court ruled that an exclusive purchasing clause had an anti-competitive object as it was concluded between parties that had a vertical as well as a horizontal relationship with each other

European UnionAntitrust/Competition Law
Bart De Rijke
Bart De Rijke
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The Supreme Court ruled that an exclusive purchasing clause had an anti-competitive object as it was concluded between parties that had a vertical as well as a horizontal relationship with each other. This shows that you cannot blindly rely on EU case law on exclusive purchasing clauses in vertical relationships: you need to first understand the legal and economic context of each case.

A transfer deed relating to two parcels of land stipulated that the purchaser of the land could only establish a petrol station there if it bought all its motor fuels from a company affiliated with the claimant. In assessing this exclusive purchasing clause, the Supreme Court reiterated EU case law which states that an agreement involves a restriction of competition 'by object' where, following a concrete and individual examination of the wording and aim of the agreement and of the economic and legal context of which it forms a part, it is apparent that it is, by its very

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