Friday, November 15, 2019
Margherita Colangelo, Roma Tre University - Department of Law examines Traditional and Platform MFN Clauses under Antitrust Law: Insights from Recent Practice.
ABSTRACT: Most Favoured Nation (MFN) clauses have long been a controversial issue in antitrust. Whereas there is established literature on traditional MFN clauses, the same cannot be said for platform MFNs. Despite the number of cases over recent years, no consensus has been reached either by competition agencies or by scholars on the competitive effects of platform MFNs. In particular, in the EU, where several investigations have been conducted, a clear indication on the approach guiding the enforcement on such clauses is still lacking and inconsistencies exist between Member States, thereby undermining legal and business certainty.