Check the competition smallprint
Many agreements between terminal operators and users may contain exclusivity provisions but these do not, themselves have as their object the restriction of competition; they must be examined in their legal, factual and economic context in order to determine whether they have such an effect.
The EU vertical agreements block exemption will apply to agreements containing these kinds of clauses provided the terminal operator's and the terminal user's respective market shares do not exceed 30% and that they are not combined with any "hardcore" restrictions prescribed by Article 4 of the block exemption.
It is therefore only where the agreement as a whole does not benefit from the block exemption that the question of the application of Article 101(1) of the TFEU to such clauses is an important issue; there is no presumption of illegality in such cases.
This is a complex area of the law and specialist legal advice is recommended.







