Most-Favored Nations

News & Analysis as of

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

A Favored-Nations Clause Gone Awry

Oh, how a simple Favored-Nations clause in an oil and gas lease can get complicated, with large financial consequences! In BP America Production Company v. Zaffirini, BP paid Solis a $1,300 per acre bonus for a lease covering...more

NC Governor Signs Law Banning Most Favored Nations Provisions in Health Care Contracts

Despite opposition and Blue Cross Blue Shield of North Carolina’s claim that it “has not used ‘most favored nation’ clauses in [its] new contracts and in fact [they are] not part of our strategy to use those clauses on...more

In North Carolina, Will There Be “Freedom to Negotiate Health Care Rates”?

Despite opposition and the claim from BlueCross BlueShield of North Carolina that it “has not used ’most favored nation’ clauses in [its] new contracts and in fact [they are] not part of our strategy to use those clauses on...more

Most Favored Nation ("MFN") Pricing Draws Scrutiny as Potential Anticompetitive Practice

An interesting and growing debate in the antitrust arena is whether most favored nation (“MFN”) pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly...more

Most Favored Nation Clauses - State Ban Ends Antitrust Action Against Michigan Blues

In the wake of the passage of a Michigan statute and regulatory order banning the use of most favored nation (MFN) clauses by insurers, health maintenance organizations and nonprofit healthcare corporations in contracts with...more

When Most-Favored Is Disfavored: A Counselor’s Guide to MFNs

Originally published in the American Bar Association on April 1, 2013. The U.S. Antitrust Agencies Have turned the spotlight on most-favored-nation (MFN) clauses. The Department of Justice is currently litigating two...more

Do Not Pass Go, Do Not Collect $200: Michigan Statute and Regulatory Order Banning MFN Provisions in Provider Contracts Ends...

In the wake of the passage of a Michigan statute and regulatory order banning the use of most favored nation (“MFN”) clauses by insurers, health maintenance organizations, and nonprofit health care corporations in contracts...more

Tennessee Insurance Legal News - February 2013 • Volume 2, Number 1

In This Issue: - AUTO REPAIR TRADE ASSOCIATION REQUESTS THAT DOJ INVESTIGATE THE USE OF MOST FAVORED NATION CLAUSES BY AUTO INSURERS: Over the last several years, the use of most favored nation clauses by health...more

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