In this chapter, the author focuses on contracts that reference rivals (CRRs), such as most-favored-nation provisions (MFNs), and provides a brief survey of past and current CRR cases, as well as the findings in economic literature. CRRs have been and will likely remain to be the subject of antitrust scrutiny in government and private litigation as seen in the recent Apple e-books case.
This chapter appears in Antitrust Economics for Lawyers. For more information, click here.
Comments on the effect of algorithms and artificial intelligence on the likelihood of coordinated effects as described in Guideline 3 of the draft Merger Guidelines
In this note, we discuss how the Antitrust Division of the Department of Justice and the Federal Trade Commission (collectively, the Agencies) view the effect...