Competition Act 1998: Primary UK legislation governing competition law, prohibiting anti-competitive agreements and abuse of dominant market position. Essential for ensuring exclusivity agreements don't breach competition regulations.
Enterprise Act 2002: Legislation that provides the framework for UK competition law enforcement and market investigations. Relevant for understanding potential market impact of exclusivity agreements.
Article 101 TFEU: EU legislation still relevant post-Brexit for agreements affecting EU trade. Prohibits anti-competitive agreements that may affect trade between EU member states.
Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract. Important for understanding the scope and impact of exclusivity on parties not directly involved in the agreement.
Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts. Ensures that exclusivity terms are fair and reasonable.
Consumer Rights Act 2015: Relevant if the exclusivity agreement has implications for consumer relationships, ensuring consumer protection is maintained.
Trade Secrets (Enforcement, etc.) Regulations 2018: Protects confidential business information and trade secrets that might be shared within the exclusivity agreement.
Restraint of Trade Doctrine: Common law principle that ensures restrictions on trade are reasonable and proportionate. Critical for determining the enforceability of exclusivity clauses.
European Union (Withdrawal) Act 2018: Defines the status of EU-derived legislation in UK law post-Brexit, affecting how EU-origin rules on competition and trade are interpreted.
Common Law Contract Principles: Fundamental principles governing contract formation, including offer, acceptance, consideration, and intention to create legal relations.
