On 20 July, the Swedish Patent and Market Court ruled that Booking.com’s price parity clause enforced on Swedish hotels was anti-competitive and in breach of Article 101 TFEU.
By restricting hoteliers from offering a lower price on its own online channel than on Booking.com, the clause had the potential effect of softening competition both between Booking.com and other online travel agents (OTA’s) and between hotels. Further, the clause did not produce any pro-competitive effects that could mitigate the restriction on competition.
On behalf of Visita, the association of Swedish hotels and restaurants, Copenhagen Economics submitted several expert opinions and provided expert testimony.
Sweden is one of several EU jurisdictions where Booking.com’s price parity clauses have been challenged.