210927 comments exclusionarycontracts ftc

Published

September 29, 2021

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On behalf of the U.S. Chamber of Commerce (“the Chamber”), we are pleased to submit these comments to the Federal Trade Commission (“FTC”) in response to its Solicitation for Public Comments on Contract Terms that May Harm Competition. These comments will focus on exclusive contracts, in reference to a Petition for Rulemaking to Prohibit Exclusionary Contracts. That petition asks the FTC to interpret the FTC Act’s prohibition on unfair methods of competition (UMC) to “prohibit businesses from using exclusive dealing, exclusionary payments, and other similar practices … that substantially foreclose rivals from customers, distributors, or suppliers of critical inputs.”