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Good night, ‘most favoured nation’ clauses!

Good night, ‘most favoured nation’ clauses!

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Almost a year ago, the Düsseldorf Higher Regional Court (OLG) caused a stir with its booking.com decision. D’Kart had reported on it here. In its ruling of 18 May 2021, the German Federal Supreme Court (Bundesgerichtshof) ruled on the Bundeskartellamt’s appeal and once again overturned a decision by the Düsseldorf Higher Regional Court. Adrian Deuschle reports on the decision from Karlsruhe. Price parity clauses or most favoured nation (MFN) clauses are a hot topic in the digital economy: In 2012,…

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Das OLG Düsseldorf hat in seiner Booking-Entscheidung über Bestpreisklauseln entschieden. Adrian Deuschle ordnet auf D'Kart ein.
The Düsseldorf Court: Booking needs ‘most favoured nation’ clauses

The Düsseldorf Court: Booking needs ‘most favoured nation’ clauses

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‘Most favoured nation’ clauses have been an antitrust battlefield for years with disputes in many European countries. Now the Düsseldorf Higher Regional Court has decided in favour of a hotel booking platform in its Booking.com-decision. The case concerns narrow ‘most favoured nation’ clauses in agreements between hotel booking platforms and hotels. Adrian Deuschle reports. Narrow and wide MFN-clauses Booking.com brokers hotel rooms to consumers. If a consumer does the booking with Booking, the platform earns a commission of 10-15 %…

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