But it is now widely accepted that the assumptions needed to support this argument are not always accurate. For example, if buyers "are not able to coordinate their actions to defeat the tactic," a monopolist may "make sacrifices to sell at a low price; No single victim can stop exclusion, so no victim has bargaining power. (66) In other words, in certain circumstances, buyers may accept ineffective exclusive distribution agreements, as each buyer believes that, whatever he does, other buyers will agree. Therefore, buyers will not necessarily object to exclusive transactions that harm them collectively. And if those who enter into exclusivity agreements are distributors, the manufacturer can possibly obtain their consent by sharing with them part of its expected monopoly profits. (67) Thus, in some cases, exclusive distribution may be anti-competitive, notwithstanding the apparent anomaly that buyers accept agreements allowing a seller to acquire or maintain a monopoly. Generally speaking, participants agreed that this type of parasitism was one of the fundamental theories about the competitive effects of exclusive trade: "The manufacturer invests in a product or reputation that attracts customers", which encourages customers to dominate a reseller, but "then the distributor says, by the way, I have a better offer for you, "to customers attracted by the manufacturer`s investment. (83) As one participant in the debate explained, transactions handled alone `may encourage suppliers to invest more time, effort and money in their distribution channels, because. . They don`t have to worry about shared loyalties where they waste their efforts. (84) Indeed, exclusive distribution can help consumers by `encouraging people to make specific investments in the relationship`. (85) Participants cited advertising for manufacturers (86), training of traders` staff (87), disclosure of trade secrets to retailers (88) and advertising investments (89) as examples of services that ultimately benefit consumers, but may not be provided, but for exclusive trade. In particular, exclusive distribution can be harmful if it deprives rivals "of the measure necessary to achieve efficiency gains, although without exclusivity ` more than one company ` . .


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