Such a so-called “narrow” best price clause adversely affects the competition, at the same time Booking is not necessarily dependent on it, the cartel panel of the Federal Court of Justice (BGH) decided on Tuesday in Karlsruhe. (Ref. KVR 54/20)
“Wide” clause has been banned since 2015
“Narrow” means that the hotels were allowed to offer cheaper prices on competing portals or in offline sales, for example on the phone or at the reception. However, it was not allowed to advertise it on the Internet. “Wide” clauses that prohibit all cheaper offers have been legally prohibited since 2015.
Booking then switched to the “narrow” clause. The Bundeskartellamt also prohibited their use at the end of 2015, but the Düsseldorf Higher Regional Court overturned this ban in 2019. It has now been restored. Even after the OLG ruling, Booking continued to waive the clause because the proceedings were still ongoing.