The court's prohibition on exclusionary contracts is carefully drawn, however, so as to foster, rather than prohibit, procompetitive joint ventures, work-for-hire agreements, and intellectual property licenses...
Microsoft proposed to open its contracts with personal computer makers to give them greater freedom to alter the Windows desktop screen; to limit its use of exclusionary contracts, and to share widely with the computer industry the technical information on Windows.
Restrictive covenants were called "a marvelous delicately-woven chain armour … [excluding] any member of a race not Caucasian" by one member of the Chicago Real Estate Board, which even provided templates and model contracts that real-estate agents could use to develop their own exclusionary contracts.
Rather than pointing to specific instances of price-fixing, price-gauging, or exclusionary contracts — the sort of evidence often presented in such cases — the government would have had to rely on the vaguer argument that Google's actions were stifling competition and innovation, which would eventually hurt consumers.
Still, Kevin O'Conner, an assistant attorney general for Wisconsin, who represented the states, declared that "Microsoft has used virtually every tool of the monopolist's trade -- attempted collusion, exclusionary contracts, tying, predation -- in a coordinated scheme to eliminate threats to its monopoly".
We need to keep our eye on the ball and remember that Windows is a $5 billion product that sits in the middle of a $500 billion industry…They should look at the conduct that was found illegal and ban that conduct the exclusionary contracts and exclusionary conduct.
IDC's Kusnetzky believes the company could be required to change their business practices, like removing exclusionary clauses from contracts.
Intel plans to appeal the European ruling and has denied including any exclusionary measures in its contracts with customers or retailers.
Blood collection agencies need to be cautious, because there is a brief period of time between when an exclusionary disease like hepatitis is contracted and when it is reflected in a blood test.
Standard contracts in Japan now include organised crime exclusionary clauses that allow banks and other institutions to unilaterally nullify any agreement if the signer turns out to be yakuza affiliated.
