During the past twenty years, most-favored-nation (MFN) clauses have proliferated in contracts between third-party payers and health care providers throughout the country. These clauses, in their various forms, require the provider of health care services to guarantee to the third-party payer that the provider will charge to that payer the provider’s very lowest prices for any services rendered.2 While at first blush, such price
Read More Enforcement by Antitrust Division Suggests New Attitude Toward Most-Favored National Clauses