Mitigating Antitrust Risk in Most Favored Nation, Non-Discrimination and Anti-Steering Contract Provisions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will focus on the practical implications of contracts that reference rivals and have most favored nation clauses (MFNs), non-discrimination clauses, and/or anti-steering provisions. The panel will identify what will trigger heightened antitrust scrutiny and provide practical tips for defensible use of MFNs.
What are the cases and policies giving rise to concern over MFNs?
- United States v. Apple Inc., et al.
- United States and state of Michigan v. Blue Cross Blue Shield of Michigan
- Private and state cases
- Policy speeches
What is an “MFN”?
- The general category of contracts referencing rivals
- MFN Plus clauses
- Similar clauses and practices — non-discrimination clauses; anti-steering provisions
- Do differences in the clauses matter?
What circumstances suggest heightened antitrust risk?
- Dominant firms
- Collective action and broad industry coverage
- Barriers to entry
When might an MFN not raise an antitrust objection
- A defensible business case for an MFN
- Tailored use of MFNs
The panel will review these and other key questions:
- Are there particular characteristics of some industries that make MFNs more or less of a problem?
- Do some companies face greater risks than others in using MFNs?
- Can a company approach the negotiation or use of an MFN in any particular way to limit their exposure?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Allison F. Sheedy
Ms. Sheedy's practice focuses on civil antitrust litigation, government antitrust investigations involving... | Read More
Ms. Sheedy's practice focuses on civil antitrust litigation, government antitrust investigations involving potentially anticompetitive business practices, and consumer protection matters. She also provides advice on an array of antitrust issues, including general compliance, joint ventures, multijurisdictional investigations, the merger review process, and merger investigations.Close
U.S. Department of Justice
He has a Ph.D. in economics from Rutgers University and started working at the US Department of Justice Antitrust... | Read More
He has a Ph.D. in economics from Rutgers University and started working at the US Department of Justice Antitrust Division as a staff economist in 1998. In 2012, he became Chief of the division’s Competition Policy Section. His work has included analysis of mergers and review of potentially anticompetitive conduct, such as the use of Most Favored Nations clauses.Close