Paris partner Marco Plankensteiner and associate Elise Créquer wrote the French main article and a chapter titled “Antitrust Assessment of Most Favoured Nation Clauses in the European Union,” which appeared in the April issue of Getting the Deal Through – Vertical Agreements 2016.
MFN clauses in the context of vertical agreements are, strictly speaking, most-favored-customer clauses and consist essentially in arrangements between suppliers and distributors, where the supplier grants the distributor a price that will be more favorable than the prices granted to its other customers. From this concept different structures of MFN clauses have emerged, which are detailed by the authors in this article.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Vertical Agreements 2016 (published in April 2016). For further information please visit www.GettingTheDealThrough.com.