Posted by D. Daniel Sokol
Jason J. Wu & John P. Bigelow (Compass Lexecon) discuss Competition and the Most Favored Nation Clause
ABSTRACT: In her recent decision in the eBook price-fixing case U.S. District Court Judge Denise Cote identified the Most Favored Nation (“MFN”) clause in Apple’s contracts with book publishers as a component of the price-fixing conspiracy in which she found Apple and the publishers had engaged. This was a significant moment in the history of the controversial agreements because, up until then, defenders of MFN agreements had been fond of observing that no court had ever found an MFN to be anticompetitive. Now that the MFN has been implicated, we can expect that disputes over the competitive effects of MFN clauses will come up in more cases, and that the debate about them will continue among economists, attorneys, and antitrust practitioners.
Featured News
Google and South Carolina Clash Over State Records Demand
May 8, 2024 by
CPI
Telefonica Germany Teams Up with Amazon Web Services to Migrate 5G Customers
May 8, 2024 by
CPI
Federal Judge Grants $7.4 Million Settlement in Pork Price-Fixing Case
May 8, 2024 by
CPI
Wilson Sonsini Bolsters Antitrust and Competition Practice with Key Partner Returns
May 8, 2024 by
CPI
EU to Scrutinize Telecom Italia’s Network Sale to KKR
May 8, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI