The Paris Commercial Court declares void price and availability parity clauses formerly implemented by a hotel online booking company (Booking.com)

In a ruling issued on November 29th, 2016, the Paris commercial court (hereafter the “court”) declared void several provisions, including price and availability parity clauses previously in force, of Booking.com’s general terms of service governing its B2B relationships with hotels. Following an investigation run by the General Directorate for Competition, Consumer Affairs and the Fight against Fraud, the French Minister for Economic Affairs, supported by several hotel organisations that voluntarily intervened in the proceedings, summoned the Dutch-based Booking.com company, as well as its French subsidiary, before the Paris commercial court. In essence, the Minister claimed that several provisions of Booking.com’s general terms of service infringed the prohibition of restrictive

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Camille François, The Paris Commercial Court declares void price and availability parity clauses formerly implemented by a hotel online booking company (Booking.com), 29 November 2016, e-Competitions November 2016, Art. N° 82461

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