Risk Vs. Reward In Exclusive Arrangments

Law360, New York (December 9, 2011, 2:41 PM EST) -- The U.S. Federal Trade Commission recently issued a consent decree that brings into focus the risks of requiring exclusivity.

While In the Matter of Pool Corporation, FTC File No. 101 0115 (Nov. 21, 2011), involves unique facts, we believe that the FTC is investigating a number of exclusive arrangements, and that there may be other consent decrees to follow.

According to the FTC’s complaint, Pool Corporation is the world’s largest distributor of pool products and, in some local areas, has a market share that exceeds 80...
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