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FOREWORD : Exclusivity provision/clause - justifications - economic analysis - Chicago and post-Chicago law & economics analysis - efficiency - forclusion - better quality/service - advantage to the consumers - market power - factual assesment - national competition authorities assesment - case by case approach

Justification of Exclusivity Clause:
A case by case approach

Bruno Lasserre presents David Bosco’s work on exclusivity obligation. It advocates more flexible antitrust authorities, therefore greater freedom for players to choose between two models of exchange organization, exclusivity or free interplay of supply and demand. Both these organization models can be effective for market competition.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. I think it's Balzac - is it in "Splendours and Miseries of the Courtesans"? - who invented the word to evoke the idea, not very present in the latter, of faithfulness to true love: to practice exclusivity was, therefore, for a belle of the early nineteenth century, to devote herself - even for a limited time - to one person, setting aside all the others? From gallantry, the term has invaded the commercial vocabulary. But it's kept that ambivalent meaning. Entering into an exclusive relationship with one's co-contractor means both the impossibility of doing without him and the prohibition of establishing other ties... Depending on whether

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