English, Article, Journal or magazine article edition: A Most-Favoured-Customer Guarantee with a Twist Pinar Akman; Morten Hviid

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Bookmark: http://trove.nla.gov.au/version/49048
Physical Description
  • preprint
Language
  • English

Edition details

Title
  • A Most-Favoured-Customer Guarantee with a Twist
Author
  • Pinar Akman
  • Morten Hviid
Physical Description
  • preprint
Notes
  • This paper demonstrates that the Most-Favoured-Customer (MFC) clause identified in the Monopolies and Mergers Commission (MMC) Report on Foreign Package Holidays behaves not like an MFC but rather as if it was a variant of a so far unstudied price matching guarantee. This provides a clearer explanation than that by the MMC of why the guarantee is not in the public interest. The subsequent Court of Appeal decision focused attention on whether or not the MFC came with matching funding. It correctly identified that this made a difference, but was wrong in claiming that with matching funding the MFC would benefit consumers. As a result, the latest Foreign Package Holidays Order still does not provide the necessary prohibition of MFC clauses.
  • Most-favoured-customer guarantees, price guarantees, fairness, anti-competitive contract clauses
  • RePEc:ccp:wpaper:wp05-08
Language
  • English
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