CASE COMMENT : RESTRICTIVE PRACTICES - SIGNIFICANT IMBALANCE - THE PARITY CLAUSE – HOTEL RESERVATION –SANCTION – INVALIDITY

Significant imbalance: The CEPC considers that the various contracts between hoteliers and companies operating major hotel booking sites reveal clauses of restricting competition leading to invalidity (Booking)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Commission d'examen des pratiques commerciales (CEPC) has been asked by several organisations representing hotel professionals to examine the conformity with competition law of various contracts concluded with the companies operating the main hotel reservation sites. After dealing with the question of applicable law and jurisdiction clauses (see commentary above), the CEPC examined the compliance of the stipulations with the law on restrictive practices of competition. The competition authority is also seized of the anti-competitive nature of certain practices denounced (http://www.cpih-france.com/media/80267/2013%2002%20juill%20dp%20saisine%20otas.pdf).

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