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Most Favored Pricing Clauses: Do We Care?

Christopher O'Brien, Emily Walden, Robert Brian McNary, and Adam Wolfson

This panel will first provide relevant background on the treatment of MFN policies in the sphere of economics, including potential benefits and harms. Then, the panel will turn to current examples of litigants challenging conduct involving MFN-type policies, including how those theories of harms have been articulated and how they have drawn on lessons from the economic literature.