The court of appeal ruled that Visita did not demonstrate that narrow parity clauses led to a restriction of competition by object or effect, either in the market for online travel agency services or in the market for hotel accommodations. Hence, the disputed clauses do not constitute an unlawful restriction of competition according to chap. 2 Sec. 1 Swedish Competition Act or Art. 101(1) TFEU.
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For an opinion on this decision by Mark-Oliver Mackenrodt see “Price and Condition Parity Clauses in Contracts Between Hotel Booking Platforms and Hotels” in this issue of IIC at https://doi.org/10.1007/s40319-019-00886-x.
Translated by Viola Pless.
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Booking.com B.V. and Bookingdotcom Sverige AB v. Visita TFEU, Art. 101(1); Swedish Competition Act, Chap. 2 Sec. 1. “Booking.com Sweden”. IIC 50, 1167–1175 (2019). https://doi.org/10.1007/s40319-019-00884-z
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DOI: https://doi.org/10.1007/s40319-019-00884-z