EU Legal Pressures Mount: Developments in Booking.com Class Action & Uncertainty Around DMA

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Good Sunday afternoon from Seattle and for those of you celebrating in the United States, a belated Happy Fourth of July . . . A shortened holiday version of our weekly Online Travel Update for the week ending Friday, July 4, 2024, is below. Not surprisingly, this past week was a relatively quiet week in the online travel world. Enjoy.

  • DMA Under Attack. Anyone hoping to see meaningful change to the largest online platforms as a result of the EU’s Digital Markets Act may soon be disappointed. Ongoing trade negotiations between the U.S. and the EU have reportedly included discussions to allow U.S. companies to influence implementation of the DMA’s requirements. Not surprisingly, small online platforms competing against the DMA’s so-called, gatekeepers, are not happy by the rumored discussions. It is unclear how discussions might affect Booking.com – the European travel platform with a U.S. parent.
  • Additional Details on Planned Class Action Against Booking.com. Consumer groups, the Stichting Consumer Competition Claims Foundation and Consumentenbond, are leading the effort and have formally commenced the action by requesting that Booking.com seek a negotiated solution. The groups claim that Booking.com’s parity provisions (which have been previously determined to be anti-competitive in the EU courts) prevent hoteliers from offering lower rates through Booking.com’s competitors (and ultimately driving hotel prices higher). Further details about the claim and the consumer groups’ pitch to get EU residents to join the potential class action are available here.

Have a great week everyone.


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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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