The Exclusivity Clause in Contract Interpretation.

Currently, contract interpretation must encompass the continuous and evolving development of legal figures that have given rise to different legal transactions; however, within the law, certain general parameters have been reflected that must be taken into account when properly interpreting contracts.
Within contract interpretation, it is relevant to bring up the provisions of Article 1621 of the Colombian Civil Code:
“INTERPRETATION ACCORDING TO THE NATURE OF THE CONTRACT In cases where no contrary intention appears, the interpretation that best fits the nature of the contract shall be adopted. 
Clauses of common use are presumed even if not expressed.” 
As a corollary to the foregoing, contract interpretation is subject to a factual and legal analysis, encompassing the will of the parties and the regulatory provisions that support it, seeking an adequate hermeneutics and harmonization of the parties' autonomy.
In line with the above, it is necessary to bear in mind that the absence of a clause that is not linked to the common use of the nature of the contract shall not be understood as incorporated, since the parties, at the time of entering into the legal transaction, did not express their intention or will to include it in the contract. 
Therefore, in the case at hand, the application of the exclusivity clause in contracts seeks to generate limitations, creating an obligation that falls under a “duty not to do,” on the part of one or both parties, generating restrictions on future contractual celebrations. Thus, its incorporation must be made expressly in the contracts, in order to ensure its proper application.
In this regard, it cannot be understood that the exclusivity clause is incorporated, as it would limit the various market scenarios and, thereby, the freedom of competition, which is constituted by three essential prerogatives, as mentioned by the Constitutional Court in Judgment No. C-032 of 2017:
The possibility of competing in the market. 
The freedom to offer the commercial conditions and advantages deemed appropriate.
The possibility of contracting with any consumer or user. 

Finally, the interpretation of contracts must be carried out based on the real and authentic intention of the contracting parties; likewise, it must be borne in mind that for an objective interpretation, one must resort to the nature of the contract and its useful application. Therefore, it is pertinent not only to establish basic parameters according to the nature of the contract, but also to cover each of the relevant aspects that the parties wish to express in the contract.