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Magazine

10 April 2025

Right of exclusivity and executive level customers in the agency contract

Article. 1743 c.c. provides for exclusive bilateral rights, for the benefit of both the principal and the agent, establishing that “the principal cannot simultaneously use several agents in the same area and for the same branch of activity, nor can the agent assume the position of dealing in the same area and for the same branch with the business of several companies in competition with each other ”.
The right of exclusivity arises, therefore, automatically in respect of both contractors, unless otherwise agreed between them, given that it constitutes a natural, and not necessary and essential, element of the agency contract.
There may be several hypotheses in which an exception to this right takes place: the area can be conventionally limited to a particular category of potential customers (for example, the public administration, wholesalers, large-scale distribution, etc.) or to a specific group of people.
In particular, the principal and the agent can agree, at the origin of the agency relationship or during the execution of the same, that the former maintains a direct relationship, i.e. without the interposition of the collaborator, with one or more specifically identified clients , commonly referred to as “directional”