The Düsseldorf Higher Regional Court quashes the Competition Authority’s decision and finds a most favoured nation clause compatible with antitrust law for a hotel booking platform (Booking.com)

Booking.com’s "narrow" MFN clauses now also permissible in Germany, Court of Appeals rules* On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best price clauses) on its hotel booking platform with hotels in Germany, see press release here. It thereby set a (preliminary) end to a long saga of diverging enforcement of EU competition law at national level on MFN clauses used by digital hotel platforms, at least regarding the outcome. (The court did not allow further judicial review, which renders an appeal by the FCO cumbersome, as it would need to challenge this formal decision first in separate proceedings.) The decision might have a

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  • Heinz & Zagrosek (Köln)

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Silke Heinz, The Düsseldorf Higher Regional Court quashes the Competition Authority’s decision and finds a most favoured nation clause compatible with antitrust law for a hotel booking platform (Booking.com), 4 June 2019, e-Competitions June 2019, Art. N° 90737

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