Antitrust Suit Puts Most Favored Nation Users On Notice

Law360, New York (October 29, 2010, 3:59 PM EDT) -- The U.S. Department of Justice's new antitrust suit against Blue Cross Blue Shield of Michigan has revived questions about the potential competitive effects of most favored nation clauses, which could make companies prone to using such provisions stop and think, attorneys say.

On Oct. 18, the U.S. Department of Justice, in a joint action with the Michigan attorney general, filed a civil antitrust action against BCBSM, alleging that most favored nation clauses used by the insurer have curbed competition and likely raised prices on health care...
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