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Most Favored Customer Clause and competition law: An overview of EU and national case law

Over the last few decades, business practices have evolved at an astonishingly fast pace. Products have become more sophisticated, pricing and contracting strategies have become more complex, and management tools have developed. Competition enforcement authorities have had to adapt to these changes. On the one hand, corporations these days rarely conspire to fix prices meeting in cigar smoke filled rooms, and rarely attempt to use their dominant power by openly excluding competitors. On the other hand, competition authorities have had to deal with new products and new realities in the marketplace. Today’s new areas of concern for competition authorities center around platforms, two-sided markets, joint ventures and syndication, ownership structure, and many other issues that clearly

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Marc Van Audenrode, Antoine Chapsal, Benoit d'Udekem, Most Favored Customer Clause and competition law: An overview of EU and national case law, 25 October 2018, e-Competitions MFC clause, Art. N° 88052

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