Exclusionary Practices with Indirect Sample Clauses

Exclusionary Practices with Indirect. Customers (Retailers and Wholesale Labs) In an effort to shut out its rivals, Transitions also directed its exclusionary practices at its indirect customers: wholesale labs and retailers. In 2005, in order to mitigate the new competitive threat posed by Vision- Ease’s introduction of LifeRx®, Transitions began an exclusionary agreement campaign with major retailers. Transitions induced over 50 retailers, including many of the largest chains, with up-front payments and/or rebates to enter into long term exclusive agreements that were difficult to terminate. Transitions also has entered into over 100 agreements with wholesale labs that require the wholesale labs to promote Transitions’ lenses as their ‘‘preferred’’ photochromic lens and to withhold normal sales efforts for competing photochromic lenses in exchange for rebates or other items of pecuniary value. Further, at least 50 percent of all wholesale labs are owned by lens casters that sell only Transitions’ lenses. Because these lens casters generally use their wholesale labs to promote and sell primarily their own brand of lenses, this