CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES - PARITY CLAUSE - CANCELLATION - SIGNIFICANT IMBALANCE

Significant imbalance: The French Supreme Court confirms the nullity of the parity clauses and the last available room in the participation contracts for a property offered by the platform to hoteliers, as contravening the prohibition of clauses providing for automatic alignment with the conditions offered to competitors, but refuses to regard this as a significant imbalance (Expedia)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a much-awaited decision, the Court of Cassation ruled in the Expédia online hotel reservation platform case, and in particular on the various points raised by the Paris Court of Appeal's decision, which had annulled the parity clauses and the last available room in a didactic decision that was widely commented on by the doctrine (Paris, 21 June 2017, Expedia, No. 15/18784, Concurrences No. 4-2017, Art. No. 85001, pp. 117-119 F. BUY, D. 2018. 966, obs. S. Clavel and F. Jault-Seseke; AJ contract 2017. 388, obs. V. Pironon; RTD com. 2017. 598, obs. M. Chagny). Two main issues are decided: the application of French law on restrictive practices of

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Jean-Louis Fourgoux, Significant imbalance: The French Supreme Court confirms the nullity of the parity clauses and the last available room in the participation contracts for a property offered by the platform to hoteliers, as contravening the prohibition of clauses providing for automatic alignment with the conditions offered to competitors, but refuses to regard this as a significant imbalance (Expedia), 8 July 2020, Concurrences N° 4-2020, Art. N° 97646, pp. 152-153

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