We constantly advice Amcor regarding several contracts and agreements that include exclusivity clauses and that we must analyse and assess in relatin with the risks that such clauses involve regarding the Antitrust legal framework and the Manufacture sector.
Particularly, the contracts are related to the supply of PET preforms for containers to Gloria (a dairy company) and to AJE group (Beverages Sector), in the last 8 months. In these contracts there is also a right to use the blow moulding machines with a purchase option and a penalty obligation if the contract is terminated before the end of the contract.
The exclusivity in the container models and in the specific preforms for those container models is often analysed, and whether this can be an exclusionary practice or not; or a restriction of competition.
