Please use this checklist before entering into any exclusive agreement. Assessing whether exclusivity is likely to lead to anti-competitive effects is not a straightforward exercise—there are a number of factors to consider, and in many instances, exclusive arrangements may not be possible at all. Please seek guidance from [insert, eg Head of Legal] if you have any questions or concerns.

1. 1. 1

      Exclusivity

      Factor	Result	Comments
      Is the buyer obliged or induced to concentrate its orders for a particular product or service with only one supplier (so-called single-branding/exclusive sourcing)?Note that even an obligation or inducement to purchase more than 80% of the Requirements from one supplier counts as exclusivity.	☐ Yes☐ No	[Insert comments]
      Has the supplier agreed to sell its products to only one distributor for resale in a particular Territory (which in turn is limited in its ability to actively sell the product into other territories—so-called exclusive distribution)?	☐ Yes☐ No	[Insert comments]
      Does the agreement contain