2014-12-15 Dnr 596/2013 1 (2) Annex 2 Questions and answers about Booking.com’s commitment In order to enable a better understanding of the Swedish Competition Authority’s investigation and the commitment, brief questions and answers are presented in the following. The questions and answers are not intended to offer a complete picture of the commitment. Question 1. Why is the Competition Authority investigating the agreements between Booking.com and hotels? Answer: The Competition Authority has identified that the price parity clauses currently applied between Booking.com and hotels may inhibit price competition between online travel agents. The price parity clauses can therefore lead to higher prices for staying at hotels. Question 2. What does Booking.com’s commitment proposal mean in brief? Answer: The commitment means that it will be possible for hotels to offer other room rates through Booking.com than through other online travel agents for the same hotel room. Booking.com may still state in their agreements with hotels that they are not permitted to offer lower rates in their own sales channels (e.g. hotels’ own websites) than through Booking.com (see paragraph 2 and footnote 2 in the commitment). Question 3. Who is affected by the commitment? Answer: All hotels and accommodations located in the EEA that have agreement with Booking.com. Question 4. What prices will not be covered by the proposed price parity clauses? KKV1000, v1.3, 2011-12-15 Answer: Hotels will be able to set any prices they want in relation to business and group bookings made bilaterally, and to members of loyalty programs. It will not be permitted to make these rates or discount levels public (see paragraph 2.2 in the commitment). Specific limitations also apply to loyalty programs (see paragraph 2.2 (i) in the commitment). Adress 103 85 Stockholm Besöksadress Torsgatan 11 Telefon 08-700 16 00 Fax 08-24 55 43 [email protected] 2014-12-08 Dnr 595/596 Question 5. Which sales channels fall under the scope of the price parity clauses according to the commitment? Answer: Price parity clauses will continue to apply in relation to all of the hotel’s direct sales channels: reception, e-mail, fax, the hotel’s website, call center and third-party platforms that link to the hotel’s own channels, for example metasearch sites. Question 6. How does Booking.com’s commitment affect the hotels’ ability to negotiate other terms with Booking.com or other online travel agents? Answer: Booking.com’s commitment does not prevent hotels from negotiating other terms than those proposed in the commitment. For example, hotels and Booking.com are allowed to conclude agreements without price parity. 2 (2)
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