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.
To access the report, please click on “Access the full content” - or on “Request Access”, in case you are not subscribed to our Competition Law service.
more news
20 March 26
Authorities in the Americas rely on existing competition law frameworks to address the market power of online platforms
This new benchmark covers how countries in the Americas address the market power of online platforms. It examines recent legislative developments, as well as selected competition law cases in which authorities assessed the conduct or mergers of major digital platforms.
18 March 26
Global trends in 5G and beyond
Our latest Global Trends benchmark covers 5G policies and regulations and their evolution towards 6G across 20 jurisdictions around the world.
16 March 26
Africa tightens oversight of IoT connectivity as roaming and SIM rules diverge
Cullen International’s latest benchmarks assess the regulatory frameworks affecting IoT and M2M services in Africa. The research examines three core areas: whether permanent roaming is permitted, requirements for authorisation and notification, and whether and how SIM cards should be registered.