Confusion continues in the antitrust evaluation of Most Favored Nations provisions

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This article reviews the unsettled law, both in the US and Europe, involving Most Favored Nation provisions (MFNs) in dealings between buyers and sellers that have been used: (i) by buyers to require sellers to agree that they will offer the buyer the lowest price offered to other buyers, and (ii) by sellers to require buyers to agree that they will buy from them at the highest price they pay other sellers.