Competition Act 1998: Primary UK legislation governing competition law. Chapter I prohibitions on anti-competitive agreements must be considered to ensure exclusivity provisions are compliant with competition law requirements.
Enterprise Act 2002: Key legislation covering merger control provisions and consumer protection aspects that may impact exclusivity arrangements.
Contracts (Rights of Third Parties) Act 1999: Governs how and when third parties may enforce terms of a contract, which is relevant for exclusivity arrangements that might affect parties beyond the primary signatories.
Common Law Contract Formation Principles: Fundamental requirements including offer, acceptance, consideration, intention to create legal relations, and certainty of terms that must be satisfied for contract validity.
Restraint of Trade Doctrine: Common law principle requiring that contractual restrictions must be reasonable in scope and duration, and consider public interest implications.
Retained EU Competition Law: Post-Brexit incorporation of EU competition law principles, including Article 101 TFEU and block exemption regulations as retained in UK law.
Unfair Contract Terms Act 1977: Legislation governing the reasonableness of contractual terms and limitation of liability provisions in commercial contracts.
Consumer Rights Act 2015: Legislation that may be relevant if one party could be considered a consumer, affecting the enforceability and interpretation of exclusivity provisions.
