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Most favoured nation clause example: ComparetheMarket fined £17.8m
Last year, the Competition and Markets Authority (CMA) published the details of its full decision having fined ComparetheMarket £17.8m for reportedly breaching competition law. The investigation that had been concluded by the UK’s competition regulator led to the finding that the famous price comparison website was said to have broken the law by including a most favoured nation clause in some of the contracts it had with home insurance providers.
Over the course of December 2015-December 2017, ComparetheMarket is said to have used the clause to retain its domination of the comparison website market. The knock-on effect may have been the prevention of healthy growth of its competitors and possibly restricting customers from finding better deals on their home insurance.
Designed to empower consumers to find bargains in a crowded and confusing market, price comparison websites should be on the side of their users. This is why it was concerning that ComparetheMarket had been restricting competition seemingly for their own gain. The enforcement action taken by the CMA hopefully helped to restore competitiveness in the digital price comparison market, and is a real example of where the most favoured nation clause can lead to problems for competition law.
Roll-over contracts for online gaming investigation
Last April, the Competition and Markets Authority (CMA) initiated an investigation into roll-over contracts for online gaming.
The online gaming sector has grown exponentially in recent years, with at least one console a staple in most modern houses these days, I would assume. The monetisation of online gaming has led to more purchase options for the consumer, so the costs of being involved in online gaming is something that should be carefully considered.
In the same way that the CMA has been looking into contract factors for things like broadband and telecommunications, they’re also keen to know if the online gaming sector is being fair. As this is just the initial investigation stage, no assumptions are being made as to whether important laws are being broken or not.