Exclusive trade describes an agreement whereby one party`s willingness to deal with another party depends on the fact that that party (1) acts exclusively with it or (2) buys it a large part of its needs. (1) In accordance with the control agreement, the subsidiary`s board of directors is responsible for complying with the instructions of the dominant company; Otherwise, they can be held accountable. However, if the dominant company gives illegal instructions, the subsidiary`s governing body is neither responsible nor required to exercise these instructions. The illegal data is the result of a transaction by the dominant company that harms the subsidiary, its shareholders and its creditors. In the relationship of domination, the training company is the dominant company and the company that receives instructions is the subsidiary. Because of the dominant relationship between the parties, the dominant company manages and manages the subsidiary through instructions. Two important decisions condemning exclusive trade followed. In 2001, the D.C confirmed, pursuant to Section 2 of the Sherman Act, the condemnation of several exclusive agreements between Microsoft and the manufacturers of the first equipment, Internet service providers, independent software providers and Apple, on the grounds that they had “associated” Microsoft`s competitors with “distribution products” that are “profitable”. (52) The Tribunal found that, in a case of monopoly preservation, there are two important concerns as to whether exclusive trade “is reasonably appropriate], a substantial contribution to . . .
The maintenance of monopoly power” (53) and whether competing companies wishing to use the distribution channels subject to the exclusivity agreement “posed a nascent threat” to the defendants` monopoly power. (54) Given that, in this type of access, the transfer of knowledge between the parenting company and the licensee is important, the decision to enter into an international licensing agreement depends on the host government`s respect for intellectual property and the licensee`s ability to choose the right partners and prevent them from competing in the other`s market. Licensing is a relatively flexible labour agreement that can be tailored to the needs and interests of the licensee and licensee. The main advantages and grounds of an international licence for international expansion are: the control agreement between subsidiaries and dominant companies is established in accordance with the legislation of the commitments.