Best price clauses from Booking.com inadmissible

In its ruling of 19.9.2024 (C264/23), the ECJ legalised a practice that has long been common among thrifty holidaymakers. They first look at Booking.com to see what hotels are on offer, choose the right one and then call the hotel directly to see if it is a little cheaper than Booking.com's prices. Small/medium sized hoteliers are often willing to do this as it eliminates the not inconsiderable commission to Booking.com and allows them to deal directly with the customer.

Booking.com had previously used so-called 'best price clauses' to prevent its contracted hotels from offering rooms at a lower price. The ECJ has now ruled that all types of best-price clauses are covered by the ban on cartels and are therefore invalid.

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