§ 8.51. Exclusion, in general.
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/us/cfr/t27/s§ 8.51·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Exclusion, in whole or in part occurs:
(1)When a practice by an industry member, whether direct, indirect, or through an affiliate, places (or has the potential to place) retailer independence at risk by means of a tie or link between the industry member and retailer or by any other means of industry member control over the retailer, and
(2)Such practice results in the retailer purchasing less than it would have of a competitor's product.
(b)Section 8.52 lists practices that result in exclusion. Section 8.53 lists practices not resulting in exclusion. Section 8.54 lists the criteria used for determining whether other practices can put retailer independence at risk.