In return for an exclusivity agreement, the company should seek: it is now more or less known that the law of 20 November 2012 on overseas economic regulation, known as “Lurel”, from 22 March 2013, does not justify exclusive imports that are not justified in overseas collectives (V.C.com. Art, forbidden. L. 420-2-1). Such agreements are (…) CCA opens administrative proceedings against Coca-Cola Hrvatska – The Croatian Competition Authority has opened ex-officio infringement proceedings to determine whether the Company Coca-Cola HBC Hrvatska d.o.o. of Zagreb had entered into a prohibited agreement and has committed to (…) The use of an exclusivity clause in an enterprise contract can weigh financially on the signatory. If there is a greater likely that would be directly contrary to the clause, the signatory will not be able to benefit from the compensation and other benefits that might result from that possibility. If you are worried about losing better chances, it is often best not to sign a contract with an exclusivity clause or negotiate the terms so that you have more flexibility. In Honeyrose Bakery v Lola`s Kitchen (2015), Honeyrose was named “exclusive supplier” of Lola cupcakes. But the agreement also contained an ambiguity that allowed Lola to manufacture the products herself. The Tribunal therefore found that Lola had not agreed to withdraw from this activity as a whole.

Honeyrose may have taken some comfort from the fact that the word “exclusive” was used – when his appointment could have been more precisely called “sole” (see box below). Potential drawbacks of an exclusivity clause include: the following section should focus on the site that provides goods or services exclusively to the other party. Mention that for the duration of the agreement, the seller cannot promote, sell or request the product from third parties. Please also explain that the buyer should not buy the product from another customer. A seller might say that it is too difficult to determine whether a buyer participated in the agreement if a business broker is involved. But the general purpose of an exclusive agreement is to protect the broker from working with a seller who breaks the agreement as soon as the seller meets the buyer, which removes the need to pay the broker for his services.