Canada:
Most Favored Nation Clauses: A Review Of Enforcement Activity
27 January 2017
Davies Ward Phillips & Vineberg
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Most favored nation ("MFN") clauses in vertical
agreements are essentially arrangements between buyers and sellers,
pursuant to which one party guarantees that the other will receive
the best price or terms for a product or service. MFNs are
ubiquitous and have become increasingly popular in a variety of
industries, including health care, payment cards, online travel and
retail. Antitrust authorities have engaged in the interplay of MFNs
and competition for decades; however, recently we have seen
increased MFN enforcement in a number of jurisdictions.
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