Sherman Antitrust Act: Federal antitrust law that prohibits monopolistic business practices and unreasonable restraints of trade. Must ensure exclusivity agreement doesn't violate these provisions.
Clayton Act: Federal law that supplements the Sherman Act, specifically addressing anti-competitive practices. Relevant for ensuring exclusivity terms don't substantially lessen competition.
Federal Trade Commission Act: Prohibits unfair methods of competition and deceptive practices. Must be considered when drafting exclusivity terms to ensure compliance with fair competition standards.
State Antitrust Laws: Various state-specific antitrust regulations that may impose additional restrictions on exclusive dealing arrangements.
Common Law Contract Principles: Fundamental principles governing contract formation, including offer, acceptance, consideration, and mutual intent to be bound.
Uniform Commercial Code: State-adopted standardized business laws, particularly relevant if the exclusivity agreement involves goods rather than services.
Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable, especially relevant if the agreement extends beyond one year.
Uniform Trade Secrets Act: Model law adopted by most states governing trade secret protection, relevant if the exclusivity agreement involves confidential information.
Territory Restrictions: Legal principles governing geographical limitations in exclusivity agreements, including state and federal restrictions on territorial divisions.
Duration Limitations: Legal constraints on the temporal scope of exclusivity agreements to prevent unreasonable restraints on trade.
Industry-Specific Regulations: Particular rules and restrictions that apply to exclusive arrangements in specific sectors (healthcare, telecommunications, etc.).
Enforcement Mechanisms: Legal framework for remedies and enforcement of exclusivity rights, including injunctive relief and damages provisions.
