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Helen Gornall and Marloes Wantenaar have written an article about the judgment by the Court of Justice of the European Union (CJEU) - issued on 19 September 2024 - in Booking.com BV and Booking.com (Deutschland) GmbH v 25hours Hotel Company Berlin GmbH and Others. Helen and Marloes represented Booking.com in these proceedings.
Helen Gornall and Marloes Wantenaar have written an article
about the judgment by the Court of Justice of the European Union
(CJEU) - issued on 19 September 2024 - inBooking.com BV and
Booking.com (Deutschland) GmbH v 25hours Hotel Company Berlin GmbH
and Others.Helen and Marloes represented Booking.com in these
proceedings.
The article was published in the Journal of European Competition
Law & Practice (available
here). The authors discuss the CJEU's ruling which
indicates that, while the ancillary restraints doctrine may not
apply, the Vertical Restraints Block Exception Regulation (VBER) is
available to exempt price parity clauses, and the importance of
considering the two-sided nature of OTA platforms when defining the
relevant market when applying the VBER / Article 101 TFEU.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.