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07 Aug 2017

The Ubiquitous Most Favored Nations Clause: Old Wine in New Bottles

For literally centuries, buyers of goods and services have relentlessly attempted to impose upon sellers of those goods and services 'Most Favored Nations' ('MFN') or Competitor Parity clauses in their contracts: 'Thou shalt not give my competitors a better deal, and if thou doeth, thou shall either grant unto me the same favor or answer to the axe.' In an apparent effort to satisfy procurement due diligence and what they may believe to be competitive parity, many modern buyer procurement officers have adopted this practice.


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