In the digital economy, some online platforms include so-called most favoured nation (MFN) clauses in their hosting contracts with suppliers. These clauses may prevent the suppliers from offering better terms such as prices on other sales channels, including on competing platforms or on the suppliers’ own websites.

Platforms argue that MFN clauses help to safeguard their investments but these clauses can also raise competition issues, leading to considerable debate and diverging approaches to their assessment under competition law.

Cullen International’s new report cuts through the legal complexity to explain the competition issues at stake, with reference to European case law, including on Amazon and Booking.com.

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