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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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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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