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LawHelpNow, Attorney/Lawyer
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can an organization give sole selling rights to any one vendor

Customer Question

can an organization give sole selling rights to any one vendor such as at swapmeets and sporting events.
Submitted: 5 years ago.
Category: Legal
Expert:  LawHelpNow replied 5 years ago.

Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.



  1. I am a licensed attorney with business law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. "can an organization give sole selling rights to any one vendor such as at swapmeets and sporting events." Yes, in contract law terms this is known as an "exclusivity agreement". This represents an exclusionary type of "vertical restraint". I am sorry for your circumstances, but regrettably nothing generally prohibits the practice you have described.
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope all works out.


I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.


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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer: replied 5 years ago.
what about the anti trust laws prohibbiting these kind of practices and laws
Expert:  LawHelpNow replied 5 years ago.

Hello again,


Thanks for writing back -- good to hear from you.


I will be glad to comment further -- please see below.


I do ask that you kindly press "Accept" on the honor system to process my answer.


  1. "what about the anti trust laws prohibiting these kind of practices and laws" You have raised an excellent point, and that is what I had in mind when I mentioned the "practice you have described" passing legal muster. In other words, we have a number of laws in place prohibiting certain types of discrimination. For example, one cannot base a housing decision on race, religion, color, etc. However, nothing prohibits renting to an attorney out of a personal dislike for the profession. Similarly, certain types of trade restraints are unlawful, primarily pursuant to operation of the Sherman Antitrust Act (July 2, 1890, ch. 647, 26 Stat. 209, 15 U.S.C. §§ 1–7). This statute serves to limit monopolies and cartels. Even today, this law is still the grounds underlying the bulk of antitrust litigation filed by the federal government. Having said all of that, however, the scenario you related is not prima facie (per se) unlawful. This is particularly true under the modern judicial trend of apply a totality of the circumstances evaluation known as the "rule of reason" test. None of this means you are banned from filing suit, of course. But, I would stand by my initial impression of no apparent illegality based upon the circumstances.

Take care and thanks again for choosing JustAnswer®!


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