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

On September 10 2012 the Department of Justice (DOJ) and the Federal Trade Commission (FTC) held a joint, day-long workshop on the implications of most favoured-nation (MFN) clauses for antitrust enforcement and policy. MFN clauses 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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