Content
1) Article 101(1) TFEU must be interpreted as applying to both broad and narrow best price clauses in contracts between online hotel booking platforms and accommodation providers, as those clauses do not constitute ancillary agreements to those contracts.
2 Article 3(1) of Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article AE. April 2010 on the application of Article 101(3) TFEU Article 101(3) TFEU to categories of vertical agreements and concerted practices must be interpreted as meaning that, where a hotel booking platform acts as an intermediary in transactions between accommodation providers and consumers, the definition of the market in question for the purposes of applying the market share thresholds laid down in that provision requires a specific assessment of the substitutability between the online intermediation services and the other distribution channels from the point of view of supply and demand.
Keywords
Best price clause
Digital economy
EU antitrust law
Contract law