Antitrust Challenges to Most Favored Nation and Competitor Parity Clauses in the U.S. and Europe
Assessing MFNs and Parity Provisions for Antitrust Vulnerabilities, Devising a Defensible Business Case for MFNs
Recording of a 90-minute CLE webinar with Q&A
This CLE course will analyze recent antitrust challenges to the use of most favored nation (MFN) and competitor parity clauses by the U.S. Department of Justice (DOJ), national competition authorities and the European Commission. The panel will provide guidance on how to evaluate the antitrust risks inherent in these provisions, how to establish a defensible business case for the use of MFNs and parity clauses, and how to tailor the clauses to minimize antitrust scrutiny.
- What is an MFN/competitor parity clause?
- Latest legal developments regarding the use of MFN and competitor parity clauses
- Circumstances under which MFN and competitor parity clauses may face heightened antitrust risk
- Defensible business case for an MFN
- Tailored use of MFNs
The panel will review these and other key issues:
- What were the circumstances behind the recent regulatory challenges to MFN and competitor parity provisions in the U.S. and Europe?
- Are there particular characteristics of some industries or market structures that make MFN and parity provisions more or less of a problem?
- Do some companies face greater risks than others in using MFN and parity provisions?
- How can companies demonstrate a defensible business case for MFN and parity provisions?
Executive Vice President
Mr. Coombs has more than 25 years of experience as an applied economist specializing in competition policy and economic... | Read More
Mr. Coombs has more than 25 years of experience as an applied economist specializing in competition policy and economic regulation. Prior to his career as an economic consultant, Mr. Coombs was a Director at the Office of Fair Trading where he was in charge of the enforcement of UK and EU antitrust law in the service sector of the UK economy.Close
Dr. Alexander Rinne
Milbank Tweed Hadley & McCloy
Dr. Rinne focuses on both German and European competition law, including related regulatory areas such as... | Read More
Dr. Rinne focuses on both German and European competition law, including related regulatory areas such as telecommunications, broadcasting and recycling. He specializes in merger control procedures as well as cartel investigations and dominance cases before the relevant antitrust authorities. He also has extensive expertise in antitrust litigation before German and European courts where he represents clients particularly in the context of antitrust damages cases, refusal to supply actions and cases in relation to merger control decisions.Close
Fiona A. Schaeffer
Milbank Tweed Hadley & McCloy
Ms. Schaeffer is an international antitrust lawyer with over 20 years of experience practicing on both sides of the... | Read More
Ms. Schaeffer is an international antitrust lawyer with over 20 years of experience practicing on both sides of the Atlantic. She counsels clients in a variety of industries, with a particular depth of experience in healthcare, financial services, energy, media and communications. Clients entrust Ms. Schaeffer with the defense of “bet the company” criminal and civil cases as well as their most complex transactions.Close