The WSJ reports that has appealed a decision that it fixed prices on ebooks. What caught my eye was a reference to a most favored nation clause.
SUMMARY: On Monday, an appeals court is scheduled to consider whether Apple's pricing agreements with e-book publishers amounted to a deft market maneuver or an illegal conspiracy. "Apple's agreements ceded the power to set prices to the [five major] publishers.... A key provision of the contracts required the publishers to give Apple's store the best deal that they gave anyone on e-books. That assured the publishers would force Amazon to change its business model, otherwise they would suffer heavy losses matching Amazon's discounted prices-$9.99 for most best sellers-in Apple's e-book store, prosecutors said. Prices on many e-books increased immediately." Related article: Justice Department lawyers faced aggressive questioning from judges reviewing a finding that Apple conspired with book publishers to raise the price of electronic books in 2010.
CLASSROOM APPLICATION: Students can evaluate whether "most-favored nation" clauses in contracts result in higher or lower prices. "So-called most favored-nation clauses are common in industries ranging from health care to television to financial services. Such clauses, like those in the Apple agreements, guarantee the recipient the lowest prices or rates charged to any buyer. In theory, such arrangements encourage competition and lower prices for consumers, but in practice they sometimes establish a minimum price, according to antitrust lawyers and government officials."
QUESTIONS:
1. (Introductory) What are "most-favored nation" requirements? What are possible motivations by Apple to place most-favored national clauses in their contracts with book publishers?
2. (Advanced) What are the potential effects on competition among manufacturers of most-favored nation requirements between retailers and manufacturers?
3. (Advanced) What are the potential effects on retail prices of most-favored nation requirements between retailers and manufacturers?
Reviewed By: James Dearden, Lehigh University1. (Introductory) What are "most-favored nation" requirements? What are possible motivations by Apple to place most-favored national clauses in their contracts with book publishers?
2. (Advanced) What are the potential effects on competition among manufacturers of most-favored nation requirements between retailers and manufacturers?
3. (Advanced) What are the potential effects on retail prices of most-favored nation requirements between retailers and manufacturers?