Most-Favored Nations

News & Analysis as of

Competition and Markets Authority Opens Investigation into Auction Service Providers

On 22 November 2016, the Competition and Markets Authority (“CMA”) announced that it had opened a formal investigation into suspected anti-competitive practices in relation to the supply of auction services in the UK. In...more

¿Qué Podría Ocurrir con la Relación Comercial Bilateral México-Estados Unidos Después de las Elecciones?

Los resultados electorales de esta semana en los Estados Unidos requieren de un análisis serio sobre las consecuencias que pudieran llegar a tener las declaraciones realizadas durante la campaña por el nuevo Presidente electo...more

What Might Be Next for U.S.-Mexico Bilateral Trade After the Election?

This week's electoral results in the United States require a serious analysis of the consequences due to some of the statements made by new President-Elect Donald Trump during the campaign, which could impact trade and...more

International Arbitration Newsletter - October 2016

London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The use of arbitration in England is long-standing and a legislative framework recognizing and seeking to encourage the...more

Buying and selling online: the EU's new findings on e-commerce

On 15 September 2016, after more than a year of information-gathering and analysis, the European Commission published a voluminous report (291 pages) of preliminary findings from its large-scale e-commerce inquiry (the...more

EU & Competition Law Update – August 2016

EU: Regulatory Scrutiny of Online Hotel Booking Continues - The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As...more

Regulatory scrutiny of online hotel booking continues

The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As part of a joint monitoring project with the European Commission,...more

Most-Favored Licensee Entitled to Refund of 99 Percent of Lump Sum Royalty

The US Court of Appeals for the Fifth Circuit ruled that a most-favored licensee clause allowed a licensee that paid a lump sum of $70 million to be entitled to a refund when a subsequent licensee paid a lump sum of only...more

Impact of Brexit on Existing US Trade Relationships May Be Limited (IRB No. 556)

It appears that the United Kingdom will exit the European Union as a result of the vote taken in the so-called Brexit referendum. Although the full impact of Brexit is hard to predict, it appears that its effects on United...more

DOJ and NC File Antitrust Suit Challenging Anti-Steering Restrictions in Payor Contracts

A popular weapon used to contain health care expenditures is the creation by payors and employers of tiered provider networks, which by differentiated co-pays attempt to steer insureds to less expensive choices. In...more

ASARCO’s Revenge: Do Estate Professionals Now Have to Charge the Same Fees to an Estate or Committee that They Would Charge a...

Either from our prior posts, or from the great posts from Stone and Baxter’s Plan Proponent blog or from Bracewell’s Basis Points blog, we all know the Supreme Court’s holding in ASARCO: a strict interpretation of Section...more

Evaluating the Trans-Pacific Partnership

On February 4, 2016, the Parties to the Trans Pacific Partnership (TPP) signed the Agreement in Auckland, New Zealand, marking the formal conclusion of their negotiations. The TPP is one of the largest and most ambitious...more

Court Of Chancery Explains Advancement Rights Of Seller Representative

This is an interesting advancement case as it applies the usual test of whether the former directors have been sued “by reason of the fact” they were directors in the context of suit against former owners’ representative for...more

Potential Antitrust Implications of Most Favored Nation Clauses

Both in the automotive and other industries, parties have turned to most favored nation (MFN) clauses—or clauses having the same effect—as a means to assure the lowest possible input costs. MFN clauses offer pro-competitive,...more

Competition/antitrust law

Focus on the US - Cartel enforcement activity and stiffer criminal penalties against price fixing - The Department of Justice (DOJ) continues to investigate and seek criminal charges against worldwide cartels. This...more

New Air Transport Agreement between the US and Mexico

New Bilateral Air Transport Agreement between the US and Mexico. On December 18, 2015 the US and Mexico (the Parties) signed a new Air Transport Agreement that, once effective, will replace the current agreement which...more

"Global Antitrust Enforcement in the Digital Age: Recent Developments in E-Commerce"

Competition authorities worldwide ramped up scrutiny of e-commerce business practices in 2015. The European Commission (Commission) launched an expansive sector inquiry in May 2015 aimed at identifying anticompetitive...more

The Second Circuit’s Apple Ebooks Opinion

The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks...more

WTO General Council Approves Kazakhstan's Accession; Liberia Progresses Toward Accession

In the run-up to the World Trade Organization's (WTO) Ministerial Conference in December 2015 in Nairobi, Kenya, the Organization's Accessions Division has been particularly active. While twenty-two accession negotiations are...more

WTO Agreement Reached on Tariff-Cutting Deal for Information Technology Products

On July 24, members of the World Trade Organization (WTO) announced that they had reached a tentative deal to expand duty-free treatment under the Information Technology Agreement (“ITA”). The ITA, originally reached in 1996,...more

Second Circuit Continues the Ebook Saga by Affirming Apple’s Role in an Unlawful Price Fixing Conspiracy

On June 30, 2015, the same day as the launch of Apple’s new streaming music service, the Second Circuit Court of Appeals coincidentally affirmed a district court ruling that Apple conspired with five of the country’s largest...more

Online hotel booking: less room for MFN clauses

On 21 April 2015 the Italian, Swedish and French competition authorities announced the achievement of a settlement with Booking.com, at the time under investigation for having included in its agreement with partner hotels...more

What Can I Get From My Lessee if I Ask the Court For It?

It s been said that if you don’t ask for what you want you’ll get what you deserve. Mr. Hooks took that truism to heart. Hooks v. Samson is about more than the discovery rule (See last week). Here are the other claims...more

I Want What She’s Getting – “Favored Nations” Clauses in Entertainment Contracts

The “favored nations” or “most favored nations” or “MFN” concept/clause, while not omnipresent in entertainment contracts, certainly gets its fair share of use. This post will explore the purpose and operation of FN and MFN...more

Trade & Manufacturing - News of Note - August 2014

United States Holds First Round Of Negotiations With 13 Trading Partners Toward An Environmental Goods Agreement - On July 8, 2014, the United States and 13 other Members of the World Trade Organization (WTO),...more

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