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Most Favored Nation Clause Settlement Agreement

It should be noted that the terms of the MFN are by no means one-way. These clauses are also available to the defendants and have been used in several major cases. Recently, the accused used a “Reverse Most Favored Nations” clause in cartel and abuse proceedings against several major vitamin producers. In Re: Vitamin Antitrust Litigation, 398 F. Supp. 2d 209 (U.S. Dist. Ct. D.C. 2005).

The court said… There is no doubt that most of the nation`s most Favored clauses are not correct for all situations. The wording must be precise. The practitioner must also carefully calculate the returns of such a practice, especially if there are many parties involved. The clause may indeed be more convenient for cases where there are fewer complainants (or defendants) involved, which may allow the lawyer to eliminate one or two other troublesome parts and focus on a large adversary. The “carrot” of a Nation Most Favored clause may prompt a peripheral party to calm down if it hadn`t done so before. As always, the facts of each case will determine the appropriateness of the application of this method or another strategic method of resolution. From the applicant`s point of view, it appears to be an attractive decision. Pay yourself for a sum safely today with the guarantee that if other plaintiffs do better than you, you will be paid an equal amount of money later. On the other hand, it could of course be that the defendant decides to go to court against other plaintiffs, in which case the amount of the sentence would not affect the colony of a former complainant under the notion of privileged nation. Moreover, if the applicant does have a strong case, it is unlikely that an MFN clause will be used for anything, since other transactions are likely to be less than or equal to the same amount. In essence, someone who benefits from an MFN clause essentially makes a “hedge wette” against future risks.

This article was originally published in the IADC newsletter, September 2006, No. 2. © Copyright 2006 by IADC. All rights reserved. Reissued by Butler with permission from IADC. Until a few years ago, the term “Most Favored Nation” was a term that was mostly limited to the world of international trade. However, with the increase in class actions and class actions, the “Most Favored Nation Clauses” (MFN) clauses are increasingly being used as an instrument to promote the regulation. Therefore, not all MNRs are designed to benefit only complainants. With respect to class actions, Newberg notes that a reverse MFN is an obligation to “force applicants negotiating a transaction with one defendant among others to propose to reduce the obligations of the first defendant if they accept minor terms of transaction from other defendants.” Newberg on Group Stock 12.2 (West 2006).

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