Topic: Most favoured nation

Portuguese law bans MFNs on booking platforms

Online travel platforms have been banned from using most favoured nation clauses or offering certain below-cost pricing under a new Portuguese law that the country’s antitrust enforcer has criticised as antithetical to EU competition law.

11 January 2022

CMA defends market definition in MFN case

The UK’s Competition and Markets Authority has defended its decision to narrowly define the relevant market in its case against CompareTheMarket for using most-favoured-nation clauses, as the country’s competition tribunal said it was “extremely troubled” by the formulation.

19 November 2021

UK enforcer criticised for lack of econometric analysis in first-ever MFN decision

The UK’s Competition and Markets Authority “eroded” the burden of proof and the presumption of innocence in its decision accusing Compare The Market of imposing anticompetitive wide price parity clauses on home insurance providers, the price comparison website’s counsel has argued.

17 November 2021

Chief economist defends CMA’s evidence-gathering before UK tribunal

Compare The Market’s counsel has accused the UK antitrust enforcer’s chief economist of gathering “bad evidence” during the agency’s probe into the price comparison website’s use of wide most-favoured-nation clauses.

09 November 2021

UK tribunal directs CMA to highlight evidence at issue in MFN appeal

A judge at the UK’s specialist competition tribunal has ordered the country’s antitrust enforcer to lay out each document it used to back up its claim that a price comparison website’s wide price parity clauses harmed competition in the home insurance market.

03 November 2021

Price parity clauses had no market effects, comparison website tells UK tribunal

The UK’s Competition and Markets Authority failed to prove that Compare The Market consistently enforced its wide most-favoured-nation clauses, the price comparison website’s counsel has argued on appeal.

02 November 2021

Compare The Market challenges MFN fine at UK tribunal

Compare The Market has kicked off its appeal against the UK enforcer’s first-ever fine for anticompetitive price parity requirements by arguing that the agency failed to prove that those clauses had any harmful market effects.

01 November 2021

Amazon seeks dismissal of DC’s antitrust suit

The attorney general of Washington, DC, has failed to plead a legitimate antitrust claim against Amazon because the pricing policies the district challenges encourage sellers to offer lower prices, the company has argued.

01 November 2021

Booking.com hit with €15 million MFN fine in Russia

Russia’s Federal Antimonopoly Service has fined Booking.com €15 million for imposing most-favoured-nation clauses on hotels after the platform ignored two warning letters to remove restrictions.

27 August 2021

FCA study contradicts CMA price parity decision, CompareTheMarket says

A market study by the UK’s financial services regulator undermines the theory of harm relied on by the country’s antitrust enforcer when it fined CompareTheMarket for using apparently anticompetitive price parity clauses, the company has told the UK’s Competition Appeal Tribunal.

20 July 2021

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