Keywords
most favoured nation clause, MFN, types of MFN clauses, pro-competitive effects, theories of harm, restriction of competition
Abstract
Most favored nation (MFN) clauses have recently started drawing the attention of antitrust authorities, regardless of their common use in international trade and multilateral agreements, and irrespective of the common view that they have mostly pro-competitive effects. MFN clauses allow customers to obtain profitable commercial conditions, minimize the risk related to the launch of new products, as well as reduce transaction costs. However, antitrust authorities increasingly point out that MFN clauses have anticompetitive effects also, such as weakening market competition, creating market entry barriers for new players, or allowing for coordination of market activities between competitors. Decisions in such cases as HRS or E-books, as well as amendments to legal regulations in the USA resulting from the Blue Cross Shield Michigan case seem to confirm these antitrust concerns
Recommended Citation
Wanasz, P. (2014). Most favoured nation (MFN) clauses in the newest doctrine and antitrust case law. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 3(6), 22-37. Retrieved from https://press.wz.uw.edu.pl/ikar/vol3/iss6/2
First Page
22
Last Page
37
Page Count
15
Publisher
University of Warsaw
