The OFT closes investigation into a producer’s exclusivity clauses in distribution agreements following assurances (Bacardi)

On 30 January 2003, the Office of Fair Trading (« OFT ») announced that it would cease its investigation into Bacardi-Martini Limited (« Bacardi »). The investigation, which had begun following complaints made by Pernod Ricard S.A. (« Pernod »), the owner of the Havana Club brand, in relation to exclusivity requirements in distribution agreements, was ended following the OFT's acceptance of various informal assurances from Bacardi as to its future behaviour. The OFT's investigation was launched in June 2002, with the OFT proposing to determine that Bacardi had infringed Chapter II of the Competition Act 1998 regarding the abuse of a dominant position. In this case, the OFT's concerns centred on certain

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  • Baker McKenzie (London)

Quotation

Keith Jones, The OFT closes investigation into a producer’s exclusivity clauses in distribution agreements following assurances (Bacardi), 30 January 2003, e-Competitions Bulletin Commitment Decisions, Art. N° 21114

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