RESTRICTIVE PRACTICES IN SELECTIVE DISTRIBUTION CONTRACTS

Abstract

This Study Addresses One Of The Most Significant Challenges Facing The Selective Distribution Model: Striking A Balance Role Of The Iraqi Competition Council In Investigating And Monitoring Distribution NetworksBetween The Principles Of Free Competition And The Criteria Inherent In This Type Of Distribution, Selective Distribution Is A Modern And Innovative Method Used By Large Companies To Market Their Products By Establishing Carefully Selected Networks Based On Specific Objective And Technical Criteria, With The Aim Of Marketing High-Value Products And Protecting Luxury Brands. This Method, However, Often Involves Clear Restrictions That May Make Selective Distribution Shift From A Legitimate Marketing Tool To Practices That Restrict Competition And Limit Market Freedom. In Studying This Topic, We Relied On A Descriptive And Analytical Approach To Assess The Adequacy Of Legal Regulations And Judicial Precedents In Achieving The Aforementioned Balance. The Study Concluded That There Is A Legislative Gap In The Regulation Of Selective Distribution Agreements, As Well As Gaps In The Regulation Of Practices That Restrict Competition. It Recommends Filling This Gap By Issuing Specific Instructions And Regulations For This Purpose, Amending The Provisions Of Article 10 Of The Iraqi Competition And Antitrust Law, And Strengthening The