(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.