Ancillary

Ancillary, Digital competition, Digital economy, European Court of Justice, Market definition, Platforms, Pricing

(Leiden University)/ /Leave a comment

The recent judgment of the CJEU in Booking.com represents yet another development in the long series of cases concerning price parity clauses in the platform economy. In Booking.com’s case, the judgment represents the end of the line for its parity clauses. In its greater context of applying EU competition law in the digital economy, the…

Advocate General, Ancillary, European Court of Justice, Exemptions, Market definition, Pricing

(Heinz & Zagrosek Partner mbB, Germany)/ /1 Comment

On June 6, 2024, AG Collins rendered his opinion in the referral request by the Amsterdam District Court (“ADC”) regarding price parity clauses and product market definition in the context of litigation involving Booking.com (“Booking”), the online platform acting as an intermediary between end customers and hotels, also called online travel agent (OTA).   Summary…

Ancillary, Anticompetitive agreements, Burden of Proof, Competition enforcement, Enforcement, European Court of Justice, Germany, References for a preliminary ruling, Regulation, Restriction by object, Sport

(University of Cologne)/ /Leave a comment

Sport itself is all about the competition on the pitch. However, sports federations’ actions and regulations have come increasingly into the focus of competition watchdogs and courts worldwide. A well-known example is the dispute over the establishment of the European Super League. As the recently announced merger between golf associations PGA and L.I.V. demonstrates, competition…

Ancillary, Most favoured customer clauses, National court, Netherlands, OTA

(Leiden University & KU Leuven)/ /Leave a comment

On 22 February, the District Court of Amsterdam decided to refer preliminary questions to the Court of Justice of the European Union (CJEU) in order to receive guidance enabling it to assess the legality of the EU antitrust rules of price parity clauses (PPs) used by Booking.com, an online travel agent platform (OTA).* More specifically,…