Antitrust Chronicle® – MFN Clauses, Loyalty Programs & Fidelity Rebates

Dear Readers,

For this edition of the CPI Antitrust Chronicle®, we turn our focus to the antitrust treatment of MFN clauses, loyalty programs, and fidelity rebates.

All three types of practices are “classics” in the antitrust canon, but the advent of digital platforms has raised novel questions.

To take just a few: When are MFN clauses efficient? Should MFNs be permissible for dominant platforms? Should MFNs be limited in scope depending on the industry at hand or a business’ market power