John Bigelow, Jason Wu, Jul 29, 2013
In her recent decision in the eBook price-fixing case U.S. District Court Judge Denise Cote identified the Most Favored Nation (“MFN”) clause in Apple’s contracts with book publishers as a component of the price-fixing conspiracy in which she found Apple and the publishers had engaged. This was a significant moment in the history of the controversial agreements because, up until then, defenders of MFN agreements had been fond of observing t
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