#261 Can Demanding Price Parity Harm Competition? The MFN Paradox

#261 Can Demanding Price Parity Harm Competition? The MFN Paradox

When are MFNs good and when are they bad? A "most favored nation" (MFN) price requirement ensures that a buyer receives the lowest price that a seller is offering to other buyers. Under U.S. antitrust law, such MFNs are typically viewed as a procompetitive outcome of price bargaining between parties. But recently, the use of MFNs by Amazon's internet retailing platform has been challenged as an anticompetitive business practice. In this episode, Alicia Downey and Barry Nigro talk to economist Tasneem Chipty about the potential competition concerns raised by MFNs generally and platform MFNs specifically. Listen and learn in what circumstances most favored nation requirements might raise antitrust red flags.

With special guest:

Tasneem Chipty, Managing Principal, Chipty Economics

Related Links:

Tasneem Chipty, "Platform MFNs: Can Asking for the Lowest Price Discourage Competition?", Pricing Conduct Committee Newsletter (ABA Antitrust Law Section Jan. 9. 2024)

Hosted by:

Alicia Downey, Downey Law LLC and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP

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Avsnitt(386)

#384 What's Up? Enforcement Updates From the Middle East and Africa

#384 What's Up? Enforcement Updates From the Middle East and Africa

What have been the latest competition law developments across the Middle East and Africa in the last year? Nicolas Bremer and John Oxenham join Matthew Hall and Jeny Maier to discuss new filing regime...

29 Juni 31min

#383 What's the Role of Communications Strategy in M&A? How Public Affairs Impacts Antitrust

#383 What's the Role of Communications Strategy in M&A? How Public Affairs Impacts Antitrust

Recently, the role of lobbying in M&A has become the talk of the antitrust bar in current administrations in the U.S. and in other jurisdictions. But what about the related discipline of public affair...

22 Juni 27min

#382 What's Up? Enforcement Updates From Austria and Switzerland

#382 What's Up? Enforcement Updates From Austria and Switzerland

What is happening in competition enforcement in Austria and Switzerland? Lukas Cavada, Executive Director for International Affairs at Austria's Federal Competition Authority (BWB), joins Anora Wang t...

15 Juni 28min

#381 A New Era for EU and UK Deals? The EC's Draft Merger Guidelines and the CMA's Growth Approach

#381 A New Era for EU and UK Deals? The EC's Draft Merger Guidelines and the CMA's Growth Approach

The analysis of mergers in the EU and UK is adapting to take account of a changed worldwide geo-political and trade context. But what does this mean in practice? Stuart Hudson, co-lead of Brunswick's ...

8 Juni 38min

#380 What Is Happening at the OECD Competition Division? A Discussion With Ori Schwartz

#380 What Is Happening at the OECD Competition Division? A Discussion With Ori Schwartz

The OECD's Competition Division carries out the organisation's work on worldwide competition law, policy and enforcement. But what does this mean in practice? Ori Schwartz, Head of the Competition Div...

1 Juni 30min

#379 What's Up? Enforcement Updates from Ireland, Brazil, and Paraguay

#379 What's Up? Enforcement Updates from Ireland, Brazil, and Paraguay

What are the latest trends and developments in competition law enforcement in Ireland, Brazil, and Paraguay? Geoffrey Gray of the Irish Competition and Consumer Protection Commission (CCPC), joins Lex...

25 Maj 33min

#378 How Do Enforcers Approach Information Sharing and Benchmarking?

#378 How Do Enforcers Approach Information Sharing and Benchmarking?

Benchmarking and information sharing can be procompetitive, but modern data tools can also make it easier for rivals to coordinate on prices. But when does benchmarking cross the line into unlawful an...

18 Maj 37min

#377 What's Up? Enforcement Updates From Australia and New Zealand

#377 What's Up? Enforcement Updates From Australia and New Zealand

What is happening in competition enforcement in Australia and New Zealand? Luke Woodward, Commissioner at the Australian Competition & Consumer Commission (ACCC), joins Lexi Michaud to discuss the ACC...

11 Maj 28min

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