Antitrust & Trade Reg.
Dec. 4, 2024
Most-Favored-Nation clauses are not always antitrust's favorite
See more on Most-Favored-Nation clauses are not always antitrust's favorite
Stuart N. Senator
Partner
Munger, Tolles & Olson LLP
Email: stuart.senator@mto.com
UC Berkeley SOL; Berkeley CA
Rebecca L. Sciarrino
Associate
Munger, Tolles & Olson LLP
Phone: (415) 512-4097
Email: Rebecca.sciarrino@mto.com
Most-favored-nation clauses ("MFNs") obligate one contracting party to provide the other party terms that are at least as favorable as those provided to any third party. MFNs are designed to prevent one contracting party's discrimination--on price, quality, or other terms--among its contractual counterparties. As the name "most favored nation" implies, these clauses arose from agreements between countries that required one to treat the other at least as favorably as it treated any other na...
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