Most Favored Nation clauses and their place within digital distribution agreements is a problem that seems yet to be resolved. The argument that entities with large enough market share in their respective market can utilize these provisions to ensure that they remain on top is a contested topic that is actively being challenged in the courts. The lawsuit against Valve, the video game publisher and distributor, provides a lens through which the potential harms and advantages of these provisions can be examined. In analyzing the finer points of this situation potential solutions can be designed to, in a perfect world, protect producers while not infringing on any parties right to contract.
"MFNs in Digital Distribution: Anticompetitive Effects Examined Through Modern Gaming Distribution,"
Seattle Journal of Technology, Environmental & Innovation Law: Vol. 13:
1, Article 6.
Available at: https://digitalcommons.law.seattleu.edu/sjteil/vol13/iss1/6