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

A live 90-minute CLE webinar with interactive Q&A

Wednesday, October 11, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

This CLE webinar 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 concerns.


MFN and competitor parity provisions have faced regulatory challenges in both the U.S. and Europe. High profile challenges include those brought by competition authorities in the EU against online travel agencies and Amazon and by the US DOJ against Apple and American Express.

However, MFNs and parity provisions are not always unlawful. A number of factors can increase (or reduce) the antitrust risks associated with MFN/parity provision. The market position of the parties and the effect of the provision are both critical factors.

Can MFNs and competitor parity provisions still be used when the parties can demonstrate efficiencies or other legitimate business reasons for using them? How can the clauses be tailored to withstand antitrust scrutiny?

Listen as our authoritative panel provides first hand experience and practical guidance on the use of MFNs and competitor parity provisions in the U.S. and Europe. The panel will highlight factors that might create antitrust concern and identify techniques that could help counsel and clients avoid problems.


  1. What is an MFN/competitor parity clause?
  2. Latest legal developments regarding the use of MFN and competitor parity clauses
  3. Circumstances under which MFN and competitor parity clauses may create antitrust risk
  4. Criteria to justify an MFN
  5. Tailored use of MFNs


The panel will review these and other key issues:

  • What were the circumstances behind the previous 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 an antitrust problem?
  • Do some companies face greater risks than others in using MFN and parity provisions?
  • How can companies tailor and justify MFN and parity provisions?


Dr. Alexander Rinne, Partner
Milbank Tweed Hadley & McCloy, Munich

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.

Fiona A. Schaeffer, Partner
Milbank Tweed Hadley & McCloy, New York

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.

Live Webinar

Live Webinar $297.00

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

How does this work?

Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email to place your order.

Recorded Webinar Download $297.00
Available 48 hours after the live event

How does this work?

Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

How does this work?

Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $394.00

Recorded Webinar Download Only $97.00 with Registration/Webinar Combo

Live Webinar & Audio Download $394.00

Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo

Live Webinar & DVD $394.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

The real case examples and case citations were very helpful.

Tyler Wilkinson

Axley Brynelson

One of the best webinars we have attended.

Chloe Hecht

Ladas & Parry

Very well-organized.

Kerin Coughlin

Constantine Cannon

The scope of the program provided in-depth information, as opposed to a general survey of issues/topics.

Joseph Zawila

Wolff & Samson

The hypotheticals presented were very useful and well written for the topic. Strafford is becoming one of my best sources for practical online CLE. Strafford panelists consistently provide valuable presentation materials applicable to my work.

David Laing

Baker & McKenzie

or call 1-800-926-7926

Antitrust Law Advisory Board

Clifford H. Aronson


Skadden Arps Slate Meagher & Flom

W. Joseph Bruckner


Lockridge Grindal Nauen

Gregory J. Casas


Greenberg Traurig

David B. Goroff


Foley & Lardner

Allen P. Grunes

Co-Founder and Attorney

The Konkurrenz Group

Robert N. Kaplan


Kaplan Fox & Kilsheimer

Christopher J. Kelly


Mayer Brown

James J. Long


Briggs and Morgan

Milton Marquis


Cozen O'Connor

Janet L. McDavid


Hogan Lovells

Kevin D. McDonald


Jones Day

Daniel F. McInnis


Thompson Hine

Saul P. Morgenstern


Kaye Scholer

Douglas Rosenthal


Constantine | Cannon

M. Sean Royall


Gibson Dunn & Crutcher

Joseph J. Tabacco, Jr.


Berman DeValerio

Douglas M. Tween



or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.