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Market Power, Consumer Harm and Exclusive Dealing with DistributorsBy Jonathan M. Jacobson of Akin Gump Strauss Hauer & Feld LLPThe last few years have given rise to a number of significant cases involving suppliers' exclusive dealing arrangements with distributors. Some of these, including the Justice Department's case against Dentsply, have been litigated as traditional vertical exclusive dealing cases under Section 1 of the Sherman Act. Others, most prominently including Microsoft, addressed exclusive dealing in the context of monopolization claims under Section 2.
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News & Analysis
Latest News
Research Tools
Associations
- American Supply Association Federation of wholesale distributors and manufacturers of the plumbing, heating, cooling, and piping industry.
- American Wholesale Booksellers Association Trade organization of book wholesalers.
- American Wholesale Lumber Association Trade association of forest and building products industry wholesalers, manufacturers and industry affiliated companies.
- American Wholesale Marketers Association Trade organization working on behalf of convenience distributors.
- International Wholesale Furniture Association Trade association for furniture wholesalers.
- National Association of Wholesale-Distributors Association representing all lines of trade in the wholesale distribution industry.
Government Resources
- 1997 Economic Census Reports - Wholesale Trade Features wholesale trade sector data for the U.S., states, counties, places and metropolitan areas.
- Industry at a Glance: Wholesale Trade From the U.S. Department of Labor, Bureau of Labor Statistics.
- Retail and Wholesale Trade From the U.S. Census Bureau. Features monthly and annual whole trade survey and census of wholesale trade.
- U.S. Department of Commerce Provides information about the Department of Commerce as well as links to related news and resources.
Laws
- Commerce and Trade Codes U.S. Code, Title 15.
- Commercial Practices Regulations Code of Federal Regulations (CFR), Title 16.
- Uniform Commercial Code Text of the Uniform Commercial Code; does not include text of the Comments.
Web Sites
- Distribution Channels From American Wholesale Marketers Association. Magazine for candy, tobacco, grocery and general merchandise marketers.
Westlaw Databases
- Code of Federal Regulations (FCML-CFR)
- Combined Uniform Commercial Code Records (UCC-ALL)
- Federal Cases (FCML-CS)
- Federal Register (FCML-FR)
- Forms (FORMS-ALL)
- Law Reviews, Texts & Bar Journals Combined (CML-TP)
- Multistate Database (MCML-CS)
- Multistate Headnotes (MCML-HN)
- Restatement of the Law - Contracts (REST-CONTR)
- Restatement of the Law - Security, Suretyship & Guaranty (REST-SEC)
- Retailers and Wholesalers Industry News (WNS-RW)
- U.S. Code Annotated (FCML-USCA)
- UCC Cases (UCC-CS)
- UCC Cases Plus (UCC-CS+)
- Uniform Commercial Code (White & Summers) (US-UCC)
- Uniform Commercial Code - Article 9, Secured Transactions (UCC-SECTR)
- Uniform Commercial Code Filing Guide (UCCGUIDE)
- Uniform Commercial Code Series (Hawkland) (HAWKLAND)
- Uniform Laws Annotated (ULA)
- Westlaw Topical Highlights (WTH-CML)
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