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20 October 2014 / Rebecca Owen-Howes
Issue: 7628 / Categories: Features , Commercial
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Do me a favour!

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Does price parity mean price increase when it comes to most favoured nation clauses? Rebecca Owen-Howes reports

Most favoured nation (MFN) clauses (also referred to as most favoured customer clauses) are contractual obligations by one party to offer its best terms to another party. Under a MFN, the seller promises Buyer A that it will not offer Buyer B better terms unless it first offers those, or better terms, to Buyer A. The term MFN also includes price parity agreements, where products are sold on different platforms (often relevant in the context of internet selling).

In the past, competition authorities, including the European Commission, have not appeared to be overly concerned with MFN clauses. The general consensus among competition practitioners was that such provisions could benefit competition by reducing supply chain costs, transaction costs and delays. In the last 10 years or so, however, MFN clauses have started to attract the concern that they may be used to achieve anti-competitive objectives or have an anti-competitive effect. In particular, when in the hands

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DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

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Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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