Booking.com has been fined approx. TRY 2.5 million (approx. EUR 640,000) by the Turkish Competition Authority for violation of Turkish Competition Law via its 'best price guarantee'/MFN practices. In its Decision adopted on 5 January 2016 the TCA concluded that agreements (particularly the MFN clauses) concluded between Booking.com and accommodation facilities were outside the scope of the Block Exemption Communiqué on Vertical Agreements (due to the market share threshold). Individual exemption could not be granted either. More guidance in relation to the MFN in Turkey is yet to follow once the TCA's reasoned decision is released.
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.
