Article

Most Favored Nation Clauses: A Review of Enforcement Activity

Author: Alysha Manji-Knight

Most favored nation (MFN) clauses in vertical agreements are essentially arrangements between buyers and sellers, pursuant to which one party guarantees that the other will receive the best price or terms for a product or service. MFNs are ubiquitous and have become increasingly popular in a variety of industries, including health care, payment cards, online travel and retail. Antitrust authorities have engaged in the interplay of MFNs and competition for decades; however, recently we have seen increased MFN enforcement in a number of jurisdictions.

Download this article.

Related

Disclosure Interrupted: CSA Pauses Climate and Diversity Disclosure Rules

Apr. 28, 2025 - The Canadian Securities Administrators (CSA) is pausing its work on climate-related and diversity-related disclosure rules in order “to support Canadian markets and issuers as they adapt to the recent developments in the U.S. and globally. ” Consistent with the CSA’s recent regulatory shift...

Canada Updates National Security Review Guidelines Amid Trade Tensions

Mar. 06, 2025 - Canada’s Minister of Innovation, Science and Industry (Minister), François-Philippe Champagne, has announced an update to the Investment Canada Act (ICA) National Security Review Guidelines (Guidelines) to expressly include “the potential of the investment to undermine Canada’s economic...

>