Most-Favored-Nation Clauses, Antitrust Enforcement, District of Columbia 2012

Washington DC – A joint public workshop on most-favored-nation clauses (MFNs) will be held by the DOJ and FTC on September 10, 2012, to explore the use of MFN clauses and implications for antitrust enforcement and policy.

The most commonly used MFN provisions guarantee a customer that it will receive prices that are at least as favorable as those provided to other buyers of the same seller, for the same products or services. Although at times employed for benign purposes, MFNs can under certain circumstances present competitive concerns.

The workshop will offer an opportunity for businesses, academics, economists, lawyers, and other interested parties to consider the use of MFNs and the legal and economic analyses of these provisions. Panelists for the workshop will include private attorneys, economists, and industry representatives.

The Department of Justice and the FTC are interested in receiving comments on MFNs, and will accept written submissions from the public before the workshop and until October 10, 2012, 30 days after the event.

The all-day workshop is free and open to the public. Individuals are encouraged, but not required, to register in advance for the workshop by sending an email to ATR.LPS-MFNWorkshopRSVP@usdoj.gov. Please include “RSVP” in the subject line. Seating will be on a first-come, first-serve basis.

The workshop will take place at the FTC’s satellite conference center at 601 New Jersey Ave., NW, Washington, DC from 9:00 a.m. to 5:30 p.m. ET on September 10, 2012. It will include the following panels and presentations: Economic Theories of MFNs: Harms and Efficiencies, Empirical Evidence on Effects of MFNs, and Legal Treatment of MFNs.

Defendant: None, Crime: Antitrust Enforcement Investigation, State: District of Columbia, Year: 2012. There is no defendant in this case. The workshop is an investigation into the use of most-favored-nation clauses and implications for antitrust enforcement and policy.

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