| EU and EEA, all 27 member states | Direct can undercut | 14 November 2024 | The largest platform group was designated a gatekeeper under the Digital Markets Act on 13 May 2024, and parity clauses became prohibited for it six months later, on 14 November 2024. Hotels, car rental firms and other providers may offer better prices and conditions on their own sites and on other channels, and the gatekeeper may not raise commission or de-list an offer in response.European Commission, Booking must comply with all relevant obligations under the Digital Markets Act |
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| EEA inventory, in the platform’s own terms | Direct can undercut | 2 December 2024 | The platform’s own compliance report records that all wide and narrow parity clauses were removed for EEA inventory, with the updated terms taking effect for existing accommodation partners on 2 December 2024. This is the contractual side of the ruling above: the clause is gone from the agreement, not merely unenforceable.Booking Holdings, Digital Markets Act compliance report, public summary |
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| European Union, competition law | Direct can undercut | 19 September 2024 | In Case C-264/23 the Court of Justice held that price parity clauses, wide and narrow alike, cannot in principle be treated as ancillary restraints under EU competition law. Neither kind was shown to be objectively necessary to run a hotel reservation platform.Court of Justice of the European Union, press release 145/2024, Case C-264/23 |
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Germany | Direct can undercut | 18 May 2021 | The Federal Court of Justice held in KVR 54/20 that even narrow best-price clauses breach competition law, reinstating the Federal Cartel Office’s prohibition. Germany got to the same place three years ahead of the DMA and by a different route.Bundeskartellamt, Federal Court of Justice confirms illegality of Booking.com narrow price parity clauses |
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France | Direct can undercut | 2015 | Article 133 of the Loi Macron rewrote the Code du tourisme so that a hotel keeps the freedom to grant a customer any discount or price advantage, and any contractual clause to the contrary is deemed unwritten. The earliest of the national statutory bans.Legifrance: article 133 of Law 2015-990 of 6 August 2015, which created Code du tourisme article L311-5-1 and deems any clause restricting a hotel’s pricing freedom unwritten |
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Austria | Direct can undercut | 2016 | Demanding a best-price clause from an accommodation business was added to the blacklist annexed to the Unfair Competition Act, which makes it an unfair practice in all circumstances and the contract term absolutely void. A hotel may therefore price lower on its own website. The Constitutional Court dismissed the platform challenge to the ban in 2017.Austrian Federal Ministry of Economy, Energy and Tourism on fair competition: the 2016 amendment adding best-price clauses to the Unfair Competition Act annex, which makes such contracts absolutely void |
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Italy | Direct can undercut | 2017 | Article 1, paragraph 166 of the annual competition law makes void any agreement by which an accommodation business undertakes not to offer final customers better prices, terms or conditions than it offers through third parties, whatever law governs the contract. It reaches wide and narrow clauses alike, and because it says by any means it reaches the telephone and the front desk as well as a website.Gazzetta Ufficiale: Law 124 of 4 August 2017, the annual law on the market and competition, in force from 29 August 2017 |
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Belgium | Direct can undercut | 2018 | A law of 30 July 2018 on contracts for the use of tourist accommodation bans price parity clauses between platform operators and accommodation operators, and bans restrictions on discounts or other pricing conditions of any kind. A clause that breaches it is deemed unwritten and void by operation of law, and the ban reached contracts already running as well as new ones.Belgian law of 30 July 2018 on contracts for the use of tourist accommodation, primary text not yet linked |
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Switzerland | Direct can undercut | 1 December 2022 | Article 8a of the Unfair Competition Act makes it an unfair practice for a booking platform to use terms that restrict an accommodation business’s pricing or offer, directly or indirectly, through parity clauses covering price, availability or conditions. The consequence is nullity rather than a fine. It matters because Switzerland is outside the EEA and so is not reached by the DMA route above.Fedlex: the consolidated Federal Act against Unfair Competition, SR 241, whose article 8a was inserted by the federal act of 17 June 2022 and is in force from 1 December 2022 |
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Spain | Direct can undercut | 29 July 2024 | The CNMC fined the largest platform 413.24 million euros, its largest ever penalty, for abuse of a dominant position, and imposed behavioural obligations covering the parity terms it had applied to hotels in Spain. Spain is also covered by the EEA position above.CNMC, fine of 413.24 million euros on Booking.com for abuse of dominant position |
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United Kingdom | Partly free | undertakings from 2015 | Parity is restricted through commitments given to the Competition and Markets Authority rather than by a statutory ban. Wide clauses went in 2015, so a UK hotel may price lower on another platform. The formal commitments expired on 1 July 2020 and both platforms then confirmed to the CMA that they would keep acting in accordance with them, which is a voluntary undertaking rather than a prohibition and is why this row is not free.UK Competition and Markets Authority case page: monitoring of online travel agent pricing practices, recording the 2015 wide-parity commitments, their expiry on 1 July 2020 and the platforms’ voluntary continuation |
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Australia | Partly free | 2016 | Wide parity clauses were removed, so a hotel may undercut on other platforms. Narrow clauses covering the hotel’s own site were retained, so the freedom stops short of the hotel’s own website.Australian Competition and Consumer Commission: Expedia and Booking.com agree to amend price and availability parity clauses in their contracts with Australian hotels, from 1 September 2016 |
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Japan | Direct can undercut | competition-authority action | Parity clauses have been unwound through competition-authority action, so a hotel is not contractually held to platform pricing.Japan Fair Trade Commission action on accommodation booking platform parity, primary source held pending a status review |
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South Korea | Direct can undercut | competition-authority action | Parity clauses have been unwound through competition-authority action.Korea Fair Trade Commission action on accommodation booking platform parity, primary source not found |
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| United States | Parity still binds | no ban in force | There is no federal rate-parity ban and no state equivalent of the European statutes. Contractual parity is unrestricted, so a US hotel may be contractually held to the same price it shows on a platform. This is the single most important row in the table for a US reader, and it is the reason the book-direct tactic on this page carries a US caveat wherever it appears.How a negative was checkedAn absence cannot be cited to a document, so this row states a method rather than a source. The finding is that no federal statute or regulation and no state statute prohibiting accommodation rate parity was found, and that contractual parity is therefore unrestricted. It is stated as of the date above and it is the row on this table most likely to change, because it would take one state legislature to change it. What would change this: A federal prohibition, a state statute of the kind France, Italy, Austria, Belgium and Switzerland enacted, or a consent decree or settlement restricting parity terms for a named platform in a named state. The document-level inventory behind this negative is not published yet: which federal and state sources were searched, and in what form. Until it is, treat this row as a dated finding by the desk rather than as a reproducible search. Stated as of Sep 2026. No US federal or state rate-parity prohibition found in force. This is a checked negative with a stated method, not an absence of research |
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