(Previous installments here)
(To be continued)
The Competition Commission, as part of its investigation
into the PMI industry, found that retail MFN provisions were present in the
contracts between platforms and PMI providers covering the vast majority of
policies sold in 2012 via the four largest PCWs in the UK. In this sector, a retail
MFN clause aims at avoiding that, based on an identical consumer proposition
and risk profile, either an insurer can provide a lower price on any other online sales
channel than it is advertised on the PCW’s website, so called wide (or online-sales) MFNs, or the
insurer can provide a lower price on its own website than it is advertised on
the PCW’s website, so called narrow (or
own website) MFNs.
While narrow MFNs are slightly more widespread than wide
MFNs in the PMI sector, the Competition Commission maintained that wide MFN
clauses have a very significant impact because of what the Commission called a “network
effect:” when a PMI policy sold through PCWs is covered by at least one wide MFN clause with one PCW, this stops any other PCW offering cheaper premiums for that policy. In other words, a wide retail
MFN clause with a single PCW constrains the pricing of the insurance policy at
issue on all PCWs. Significantly, the Competition Commission also noted that most
of the policies sold through PCWs are covered by at least one wide MFN clause
with one PCW.
Much in line with the Bundeskartellamt’s competition
assessment of retail MFN clauses in the hotel online booking case briefly
outlined above, the Competition Commission, in the provisional findings
published last December, found that wide MFN clauses reduce competition and
lead to higher premiums. Among
the possible remedies, the Commission envisaged a prohibition on wide MFN
clauses on price comparison websites. Narrow MFN clauses, however, according to the Competition Commission should not
be banned, because their anticompetitive effects are much limited. Apparently,
the Competition Commission took in some consideration the main argument put
forth by platforms in defense of narrow MFN clauses. Without some form of MFN, the
PCWs maintained that the end consumer would go to a price comparison site for
search, but then switch to the insurer in order to make the actual purchase, on the
premise that the insurer would be willing to pass on to the end consumer at
least part of the CPA fee. In the short term, the end consumer is better off
because she saves a small amount on her insurance policy premium. Longer term, however, the tangible benefits brought to consumers by PCWs would likely evaporate.
(To be continued)