---
kind: "section"
citation: "27 C.F.R. § 8.51"
title: "27"
number: "8.51"
heading: "Exclusion, in general."
url: "https://uscodex.org/cfr/27/8.51"
---

# §8.51. Exclusion, in general.

- (a) **Exclusion, in whole or in part occurs—**
  - (1) When a practice by an industry member, whether direct, indirect, or through an affiliate, places (or has the potential to place) retailer independence at risk by means of a tie or link between the industry member and retailer or by any other means of industry member control over the retailer, and
  - (2) **Such practice results in the retailer purchasing less than it would have of a competitor's product.**
- (b) [Section 8.52](/cfr/27/8.52.md) lists practices that result in exclusion. [Section 8.53](/cfr/27/8.53.md) lists practices not resulting in exclusion. [Section 8.54](/cfr/27/8.54.md) lists the criteria used for determining whether other practices can put retailer independence at risk.

## Notes

### Source

Source: T.D. ATF-364, 60 FR 20425, Apr. 26, 1995, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C. 3504(h).

### Source

Source: T.D. ATF-74, 45 FR 63256, Sept. 23, 1980, unless otherwise noted.