Alsea, its subsidiaries and related entities have the obligation not to enter into or maintain in force lease agreements or any other legal form or figure that allows the use, enjoyment and temporary or permanent disposition of premises or spaces in shopping centers for the operation of its restaurants in Mexico that they establish in their favor:
- a. Exclusivities that prevent the access of competitors of its restaurants to premises in the leased locations;
- b. The obligation to subject the rental of a space and/or premises destined to restaurants or businesses in which Alsea, its subsidiaries or related entities have an equity interest to the condition of renting one or more other spaces and/or premises in the Shopping Center to restaurants or businesses in which Alsea, its subsidiaries or related entities have an equity interest.
In addition, the following clauses must be included in the lease agreements entered into with developers or operators of shopping centers:
- a. Alsea, its subsidiaries or related entities will at no time obligate the Shopping Center to establish any exclusivity in its favor or impede the access of its competitors to the Shopping Center. Therefore, Alsea, its subsidiaries or related entities agree that, during the term of the Agreement, space and/or premises within the Shopping Center may be rented for the establishment of any restaurants, including competitors of Alsea, its subsidiaries or related entities.
- b. Alsea, its subsidiaries or related entities may not obligate the Shopping Center to make the rental of a space and/or premises destined to restaurants or businesses in which Alsea, its subsidiaries or related entities have an equity interest, subject to the condition of renting one or more other spaces and/or premises in the Shopping Center to restaurants or businesses in which Alsea, its subsidiaries or related entities have an equity interest.
Any person who becomes aware of a breach of the obligations described in the preceding points and accepted by Alsea, may immediately notify the Federal Antitrust Commission of such breach.