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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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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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