Resumo

ESTRADA GONZALEZ, Ernesto. Distribución exclusiva y competencia. El trimestre econ [online]. 2015, vol.82, n.326, pp.403-431. ISSN 2448-718X.

This note evaluates the effects on competition of exclusive dealing agreements. The economic literature identifies these agreements as an instrument to align incentives between manufacturers and distributors, and optimize sale activities. It also identifies them as a mechanism to reduce competition, but this possibility is only observed under specific market conditions. In this regards, the Mexican legislation prohibits exclusive dealing when it is undertaken by a dominant firm with the purpose or effect of displacing competitors, but it does not establish criteria to evaluate when this could happen. The above introduces uncertainty regarding the legality of exclusive dealing, and can inhibit this conduct even when it is efficient, or encourage it when it is anticompetitive. This note proposes criteria to minimize this risk based on a review of the relevant economic literature and international experience.

Palavras-chave : distribución exclusiva; restricciones verticales; prácticas monopólicas.