What the spat over AstraZeneca’s vaccine contract shows us

My summary post now at @FT

https://www.ft.com/content/c4cde78a-e769-44b3-8631-73be810249cf

What can be worked out about the 'best efforts' clause in the AstraZeneca vaccine supply agreement?

A 'forensic' detailed examination of what we know about the legal text in the row between @EuropeanCommiss and @AstraZeneca

At my @law_and_policy blog

https://davidallengreen.com/2021/01/what-can-be-worked-out-about-the-best-efforts-clause-in-the-astrazeneca-vaccine-supply-agreement/

In essence, and for the reasons set out in the @law_and_policy post

The @EU_Commission may have give a misleading impression that there was no 'best efforts' provision in the @AstraZeneca contract

But in turn that provision may not help @AstraZeneca in these circumstances

My @law_and_policy post goes further than other commentators who just looked at definition of 'best efforts' in the published contract of another supplier

My post sets out how the term is used in the operative clause

And bingo: it neatly matches the details of the public row

I considered this - and we can be sure @AstraZeneca's lawyers will argue this

But a definition is the servant of the operative clause, which is about 'establishing' capacity

And so if there is capacity, then the 'best efforts' get-out falls away https://twitter.com/dan_wilkes/status/1354800785452797956