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Most-Favored Nations Antitrust Violations

Proskauer - Minding Your Business

Online Marketplaces Could Expose Third-Party Sellers to Price Gouging Liability

On July 2, 2021, a group of consumers filed a putative class action in Washington District Court alleging Amazon engaged in unlawful price gouging during the COVID-19 pandemic on a variety of products. The case is noteworthy...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Update – June 2021

Washington, D.C., Attorney General Racine Sues Amazon - On May 25, 2021, Washington, D.C., Attorney General Karl Racine sued Amazon in the Superior Court of the District of Columbia for alleged antitrust violations under...more

Wilson Sonsini Goodrich & Rosati

Digital Health Report: Fall 2019

Beware of “Most Favored Nations” Clauses in Commercial Contracts - Imagine that your digital health company has developed a groundbreaking product. You are eager to monetize the product, so you sign non-disclosure...more

White & Case LLP

The Commitment Case for the First Time at the Japan Fair Trade Commission – MFN Clauses

White & Case LLP on

On October 25, 2019, the Japan Fair Trade Commission (“JFTC”) announced that it approved a commitment plan proposed by Rakuten, Inc. (“Rakuten”). As a result, the JFTC closed its investigation without finding violation or...more

BCLP

UK Competition Regulator investigates home insurance price comparison website for “stifling competition” through use of Most...

BCLP on

The CMA ,the UK’s main competition regulator, launched an investigation on 26th September 2017 into home insurance price comparison website, compare the market.com, over its use of most favoured nation clauses and whether...more

Mintz

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

Mintz on

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

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