The EU Court of Justice and several National Competition Authorities adopt decisions regarding Most Favoured Nation clauses and rebate schemes that are relevant and applicable in the context of ASEAN competition law (Booking.com / Post Danmark)

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Introduction As we move into the second half of the year, we examine two recent competition enforcement cases in Europe, and consider their relevance and applicability in the context of ASEAN competition law. Specifically, we discuss the position taken in Europe with regards to Most Favoured Nation clauses (e.g., clauses requiring a supplier to grant a customer a price no less favourable than the prices granted to other customers) and rebate schemes, and how the same may be assessed under ASEAN competition laws. These are clauses used very frequently in agreements relating to sales and services provided, where the aim is to maximise the potential from the relationship. Increased Scrutiny of Most Favoured Nation Clauses Since 2010, various competition authorities in Europe have

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Authors

  • Rajah & Tann (Singapore)
  • Rajah & Tann (Singapore)
  • K&L Gates (Washington)
  • Rajah & Tann (Singapore)

Quotation

Kala Anandarajah, Dominique Lombardi, Kimberly Frank, Tanya Tang, The EU Court of Justice and several National Competition Authorities adopt decisions regarding Most Favoured Nation clauses and rebate schemes that are relevant and applicable in the context of ASEAN competition law (Booking.com / Post Danmark), 21 May 2015, e-Competitions Vertical restrictions and e-commerce, Art. N° 79728

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