Exclusive distribution agreements referred to in Article 102 TD are vertical agreements which oblige the customer to obtain supplies only from a dominant supplier, or from most of a particular type of goods or services. The concept of an exclusive agreement relates to an agreement in which the supplier is limited in its ability to supply persons other than the specific customers supplied, and vice versa. The Commission found in the Guidelines on Vertical Restraints  that binding agreements for the purchase of goods of 80% or more can be accounted for in accordance with the importance of exclusivity transactions and can be considered abusive, see Case 85/76.  An exclusive purchase agreement is not in itself unlawful under Article 102 (see Case C-413/14)  and can only be considered abusive if it can have a foreclosure effect on equally effective competitors and has no objective justification, see.  Therefore, the objection that the customer voluntarily entered into an agreement is not sufficient; The question is whether the agreement could horizontally exclude competitors as effective (or more) than the dominant undertaking on the relevant market , see Cases 85/76 and Case C-393/92 . `In the case of exclusive purchasing agreements, the reseller undertakes to obtain supplies only from the other party and not from another supplier. The supplier has the right to supply other resellers in the same sales area and at the same level of distribution. Unlike an exclusive distributor, the related reseller is not protected against competition from other resellers who, like him, receive the contract products directly from the supplier. On the other hand, he is free from any restrictions in the region through which he can make his sales efforts. Commission communication on Commission Regulations (EEC) No 1983 and (EEC) No 1984/83 of 22 June 1983 on the application of Article 85(3) of the Treaty to groups of exclusive distribution and exclusivity agreements The assessment of an exclusivity agreement provided for in paragraph 3(4), of the Act may also include an examination of whether the exclusivity in question is conceivable for other derogations provided for in Section 3. The court having jurisdiction over all actions brought against each other by the Parties to this Agreement in respect of or as a result of this Agreement shall be appropriate only in the case of a [State] State Court or the United States District Court for the District of [State].
The distributor thus submits to the exclusive jurisdiction of these courts and accepts the service of the trial by sending confirmed fax or commercial mail (with written confirmation of receipt to the sender). . . .