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Business Articles Awards > Asian Antitrust

Mid-year Competition Law Update: Most- Favoured Nation Clauses and Anti-Competitive Rebates

Kala Anandarajah, Dominique Lombardi, Tanya Tang, Kimberly Tan, and Marcus Teo, Rajah & Tann Singapore Client Update, July 16, 2015

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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.

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