What is the meaning of the term "exclusive right" in the context of the Competition and Markets Act?
The following excerpt is from J. Andrew Lange, Inc. v. Fed. Aviation Admin., 208 F.3d 389 (2nd Cir. 1999):
The term "exclusive right" was "intended to describe a power, privilege, or other right excluding or debarring another or others from enjoying or exercising a like power, privilege, or right." City of Pompano Beach v. FAA, 774 F.2d 1529, 1541 (11th Cir. 1985) (quoting 40 Op. Att'y Gen. 71, 72 (1941)). "The type of exclusive right prohibited by [this provision of the Act] has been described as one of the sort noxious to the anti-trust laws." Id. at 1542 (internal quotation marks omitted).
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