On 19 November 2020, the UK Competition and Markets Authority ("CMA") announced that it had issued an infringement decision finding that the price comparison website ComparetheMarket infringed Chapter I prohibition of the Competition Act 1998 and Article 101 TFEU as a result of the use of wide most favoured nation ("MFN") clauses in contracts with home insurance providers. The CMA has imposed a penalty of GBP 17.9 million. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS The CMA found that the wide MFN clauses had the appreciable effect of preventing, restricting or distorting competition by: (a) reducing price competition between comparison websites; (b) restricting the ability of ComparetheMarket's rival price comparison websites to expand; and (c) reducing price competition between home
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