FTC / DOJ workshop focuses on antitrust analysis of most-favored-nation clauses

On 10 September 2012, the Department of Justice (DOJ) and Federal Trade Commission (FTC) held a joint, day-long workshop on the implications of most-favored-nations clauses (MFNs) for antitrust enforcement and policy. MFNs can take various forms, but in one common variation they involve contract clauses that require a seller to provide a buyer with the seller’s lowest price. The workshop, which was well-attended by over 200 practitioners and enforcers, featured panel discussions with DOJ and FTC officials, economists, and lawyers.

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