UK Competition Act 1998: Primary UK legislation governing competition law, which prohibits anti-competitive agreements and abuse of dominant market position. Essential for ensuring exclusive dealing arrangements don't violate competition rules.
Enterprise Act 2002: Supplements the Competition Act and provides for market investigations and merger control. Relevant for understanding market impact of exclusive dealing arrangements.
Retained EU Article 101 TFEU principles: Post-Brexit retained EU law principles regarding anti-competitive agreements, which continue to influence UK competition law interpretation.
Vertical Agreements Block Exemption Regulation (VABER): Provides safe harbor for certain vertical agreements, including exclusive dealing arrangements that meet specific criteria and market share thresholds.
Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts, ensuring fairness in contractual relationships.
Consumer Rights Act 2015: Protects consumer interests in contracts. Relevant if the exclusive dealing arrangement involves consumer-facing businesses.
Sale of Goods Act 1979: Governs contracts for the sale of goods, including implied terms about quality and fitness for purpose in commercial relationships.
Supply of Goods and Services Act 1982: Regulates contracts for the supply of goods and services, including implied terms about quality of service in commercial relationships.
Common Law Contract Principles: Fundamental principles governing contract formation, including offer, acceptance, consideration, intention to create legal relations, and certainty of terms.
Competition Law Compliance Requirements: Specific requirements including market share assessment, duration limits, territorial restrictions, and ensuring the agreement doesn't unfairly restrict trade.
Contract Formation Elements: Essential elements that must be clearly defined including exclusive rights, territorial scope, duration, termination provisions, and performance obligations.
Commercial Reasonableness Standards: Requirements for reasonable duration of exclusivity, fair termination provisions, and clear performance metrics.
Remedies and Enforcement Framework: Structure for breach provisions, damages calculations, and dispute resolution mechanisms in exclusive dealing contracts.
