The penalty decision on the monopoly behavior of Eastman Company, which were released in April 2019, mainly targets at the practice of "Long-Term Quantitative Procurement Agreement"(LTQPA). Therefore, we deem that the following criteria shall be based on in judging the legality of LTQPA: (1) The implementation of quantitative procurement objectives in the LTQPA shall be flexible to a certain extent; (2) The procurement volume locked in the LTQPAs shall not occupy excessive market shares; the more traders and transaction volume locked in the LTQPAs by the undertaking, the higher possibility to be concluded as anti-competition; and (3) LTQPAs are not necessarily illegal under anti-monopoly law, since justifiable defenses can be made. LTQPA are beneficial to purchasers. If the undertakings can gain the support of purchasers in their defenses, the probability of successful defenses will be greatly improved.
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