Implications of the new MFN rules in the EU and UK for online intermediaries

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In this article, Miranda Cole discusses vertical agreements containing parity obligations or MFNs (most favoured nation clauses), relating to online intermediaries and platform services. The article includes commentary on the treatment of such obligations under both the new EU Vertical Block Exemption Regulation (VBER) and the new UK Vertical Agreements Block Exemption Order (VABEO), noting the VBER and VABEO adopt different approaches. The article also discusses the related implications for suppliers and intermediaries.