August 12, 2022

Volume XII, Number 224

Advertisement
Advertisement

August 12, 2022

Subscribe to Latest Legal News and Analysis

August 11, 2022

Subscribe to Latest Legal News and Analysis

August 10, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

German Competition Authority (FCO) Sends Statement of Objections to Booking.com

On 2 April 2015, the German Competition Authority (FCO) sent a statement of objections (SO) to Booking.com Deutschland GmbH in relation to its use of “best price” clauses in contracts with hotels in Germany.  The FCO takes the view that, following the decision of the Düsseldorf Higher Regional Court confirming the FCO’s decision in proceedings against HRS, Booking.com should cease to use “best price clauses” (i.e., clauses that require hotels to offer hotel booking platforms their best online conditions regarding prices, room capacity and booking and cancellation).  The FCO takes the view that such clauses restrict competition between hotel booking platforms, making entry by new platforms more difficult.

The FCO has said that it intends to prohibit Booking.com’s “best price” clauses to establish homogeneous competitive conditions between Booking.com and HSR.  Booking.com is currently engaged in settlement discussions with competition authorities in France, Italy and Sweden (in parallel with the German proceedings).

The various hotel booking cases and the upcoming EU e-commerce sector inquiry reflect a growing focus on cross-channel competition online that warrants companies carefully considering restrictions that they impose.

© 2022 Covington & Burling LLPNational Law Review, Volume V, Number 96
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Miranda Cole, Covington, Intellectual property attorney
Partner

Miranda Cole is a partner based in Covington's Brussels and London offices. She specialises in competition law (merger control, abuse of dominance, vertical and collaborative arrangements and technology licences and other agreements). Chambers Global notes that she "takes a proactive, holistic approach" (2014).

Her practice has a particular focus on advising companies active in the technology, communications and media, software and ecommerce, aviation and life sciences sectors. She advises clients on the competition issues raised by IP, data and...

32-2-549-5264
Advertisement
Advertisement
Advertisement