Public Workshop: Most-Favored-Nation Clauses and Antitrust Enforcement and Policy

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Workshop Information

On September 10, 2012, the Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) held a joint public workshop on most-favored-nation clauses (MFNs). The workshop provided a forum for discussion of the evolution of economic and legal thinking on MFNs and their implications. The workshop featured panels discussing economic theories concerning MFNs and why they are used, the legal treatment of MFNs, and industry experiences with MFNs, among other topics.

For more information, contact the Antitrust Division’s Competition Policy and Advocacy Section at ATR.LPS-MFNPublicWorkshop@usdoj.gov.

August 17, 2012

Press release: Department of Justice, Federal Trade Commission to Hold Workshop on “Most-Favored-Nation” Clauses

Date and Location

September 10, 2012 Federal Trade Commission
Satellite Building and Conference Center
601 New Jersey Avenue NW
Washington, DC 20001

Workshop Agenda

September 10, 2012

9:00–9:05 a.m.

Welcome and Introduction

9:05–10:15 a.m.

Economic Theories of MFNs: Harms and Efficiencies

Presenters

Jonathan Baker, Professor of Law, American University Washington College of Law

Judith A. Chevalier, William S. Beinecke Professor of Finance and Economics, Yale School of Management

DOJ Moderator: Robert Majure, Economics Director of Enforcement, Antitrust Division, U.S. Department of Justice

FTC Moderator: Leemore Dafny, Deputy Director for Healthcare and Antitrust, Bureau of Economics, Federal Trade Commission

10:15–10:35 a.m.

Empirical Evidence on Effects of MFNs

Presenter

Ramsey Shehadeh, Senior Vice President, NERA Economic Consulting

DOJ Moderator: Robert Majure, Economics Director of Enforcement, Antitrust Division, U.S. Department of Justice

FTC Moderator: Leemore Dafny, Deputy Director for Healthcare and Antitrust, Bureau of Economics, Federal Trade Commission

10:35–10:55 a.m.

Panel Discussion on the Economics of MFNs

Panel

Jonathan Baker, Professor of Law, American University Washington College of Law

Judith A. Chevalier, William S. Beinecke Professor of Finance and Economics, Yale School of Management

Ramsey Shehadeh, Senior Vice President, NERA Economic Consulting

DOJ Moderator: Robert Majure, Economics Director of Enforcement, Antitrust Division, U.S. Department of Justice

FTC Moderator: Leemore Dafny, Deputy Director for Healthcare and Antitrust, Bureau of Economics, Federal Trade Commission

10:55–11:15 a.m.

Break

11:15 a.m.–12:25 p.m.

Legal Treatment of MFNs

Panel

Doug Anderson, Of Counsel, Bailey Cavalieri LLC

Andrew I. Gavil, Incoming Director, Office of Policy Planning, Federal Trade Commission

Elai Katz, Partner, Cahill Gordon & Reindel LLP

Janet L. McDavid, Partner, Hogan Lovells

FTC Moderator: Peter J. Levitas, Deputy Director, Bureau of Competition, Federal Trade Commission

12:25–2:00 p.m.

Lunch/Speech

Speaker

Nelson Jung, Director, Markets and Projects, U.K. Office of Fair Trading

2:00–3:00 p.m.

From Theory to the Real World

Panel

W. Thomas McGough Jr., Senior Vice President & Chief Legal Officer, University of Pittsburgh Medical Center

Murray N. Ross, Ph.D., Vice President & Director, Institute of Health Policy, Kaiser Permanente

Melissa A. Scanlan, Director, Legal Affairs, T-Mobile USA, Inc.

John Thorne, Partner, Kellogg, Huber, Hansen, Todd, Evans & Figel PLLC

Mark D. Whitener, Senior Counsel, General Electric Co.

Moderator: Martha S. Samuelson, President & CEO, Analysis Group Inc.

3:00–3:15 p.m.

Break

3:15–5:00 p.m.

Moving Forward—How Has Thinking About MFNs Evolved and Where Might It Go?

Panel

David I. Gelfand, Partner, Cleary, Gottlieb, Steen & Hamilton LLP

Jonathan M. Jacobson, Partner, Wilson, Sonsini, Goodrich & Rosati

Joseph Kattan, Partner, Gibson, Dunn & Crutcher LLP

Steven C. Salop, Professor of Economics and Law, Georgetown University Law Center

DOJ Moderator: Renata Hesse, Deputy Assistant Attorney General for Civil Enforcement, Antitrust Division, U.S. Department of Justice

5:00–5:05 p.m.

Closing Remarks

The views expressed at the workshop do not necessarily reflect those of the U.S. Department of Justice or the Federal Trade Commission.

Public Comments

The Department of Justice and the FTC welcomed written comments from the public both before and after the workshop. The deadline for submitting public comments was October 10, 2012. The comment period is now closed.

MFNW-0001 Jacobson, Jonathan M.

MFNW-0002 National Alliance of State Health Co-ops

MFNW-0003 Alliance of Automotive Service Providers of Minnesota

Privacy and confidentiality: Written submissions and the identity of the submitter may be disclosed, reproduced, and distributed by publication and/or posting on the Department of Justice website, at the discretion of the Department of Justice. Information that is submitted in connection with this event cannot be maintained as confidential by the Department of Justice. Written submissions should not include any information that the submitting person seeks to preserve as private or confidential.

Updated June 29, 2020

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