Marco Plankensteiner co-authored the French Chapter of Getting the Deal Through – Vertical Agreements 2015, about Increased Scrutiny of Most Favoured Nation Clauses in Vertical Agreements. MFN clauses in the context of vertical agreements are, strictly speaking, most-favoured-customer clauses and consist essentially in arrangements between suppliers and distributors whereby the supplier grants the distributor a price that will not be less favourable than the prices granted to its other customers. From this concept different structures of MFN clauses have emerged, 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 2015 (published in March 2014; contributing editor: Stephen Kinsella OBE, Sidley Austin LLP) For further information please visit www.GettingTheDealThrough.com.