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Europe: More than 10,000 hotels across Europe have joined the collective legal action against OTA Booking.com, expanding on a case first reported in June.
The claim challenges the platform’s long-standing “best price” clause, also known as a Platform Most Favoured Nation (PMFN) clause, which required accommodation providers to display the same or lower rates on Booking.com than on their own websites or rival platforms.
The clause was removed in 2024 to comply with the EU’s Digital Markets Act, but damages are being sought for the period between 2004 and 2024. Proceedings are taking place in the Netherlands, where Booking.com is headquartered, and are being coordinated by the Stichting Hotel Claims Alliance with support from HOTREC.
The case was initially filed by more than 25 national hotel associations and is supported by a September 2024 European Court of Justice ruling, which found that parity clauses may reduce competition. Booking.com has previously stated that the clauses help ensure fair competition and prevent “free-riding” by travellers.
Highlights:
• Over 10,000 hotels have joined a collective legal action against Booking.com.
• The case focuses on the OTA’s “best price” / PMFN clause, in place from 2004 to 2024.
• The clause was removed last year following the EU’s Digital Markets Act.
• The outcome could set a precedent for other accommodation sectors, including short-term rentals.