The best price clauses—also referred to as “parity clauses”—required hotels to offer on Booking.com the same lowest prices available through any other sales channel, including their own websites. The court concluded that these contractual conditions significantly distorted competition because they prevented hotels from using savings derived from Booking.com’s commission—often estimated in the range of 10% to 15% of the room price—to offer lower rates elsewhere and encourage direct bookings. In practical terms, this reduced hotels’ ability to differentiate pricing strategies, weakened competitive dynamics between distribution channels, and contributed to market concentration in online accommodation sales.
The German ruling comes amid a broader European context in which the Court of Justice of the European Union (CJEU) had already established that Booking.com’s parity and best price clauses were incompatible with EU competition law. In September 2024, the CJEU held that such clauses are anticompetitive and cannot be justified as necessary restrictions for the platform’s business model. The Berlin judgment reinforces that interpretation and strengthens the legal basis for claims by hotels seeking compensation for the effects of these contractual constraints.
Booking.com has responded by rejecting the allegation that its conduct breached competition rules. In public statements, the company has argued that the use of best price clauses was lawful and that such provisions helped foster a competitive environment beneficial to both travelers and its accommodation partners. Booking.com has also emphasized that the ruling does not conclude all related litigation, and that the process of establishing the scope and monetary value of damages could take time as further steps in the legal process unfold.
Beyond Germany, the ruling carries significant symbolic and practical implications. It is widely viewed as a relevant precedent for similar collective claims developing in other European countries against Booking.com and, more broadly, against major online intermediaries in the tourism distribution ecosystem. Hotel associations and industry bodies have long argued that parity clauses placed accommodation providers at a structural disadvantage by limiting their commercial autonomy and increasing dependency on dominant distribution platforms. The Berlin decision may therefore serve as persuasive authority in other jurisdictions assessing comparable contractual practices and their impact on competition.
For the hotel industry, the judgment represents both an opportunity to pursue financial redress and a lever to rebalance commercial relationships with powerful online distribution intermediaries. The court’s recognition of damages claims signals that historic practices in the platform economy are subject to legal accountability, particularly where contract terms can produce wide-reaching effects across supply chains and markets. It also underscores a growing willingness among European courts and regulators to scrutinize conduct by digital platforms that may hold a dominant position in strategically important sectors such as travel and hospitality.
From a policy and governance perspective, the case highlights the increasing importance of effective competition enforcement in digital markets. It reflects a broader trend toward stricter oversight of contractual clauses that may suppress price competition, hinder market entry, or constrain the ability of suppliers—especially small and medium-sized businesses—to compete on equal terms. The Berlin ruling adds momentum to ongoing debates about how best to ensure fair and transparent conditions in platform-mediated markets, while maintaining consumer benefits such as price comparison and ease of booking.
The German court’s decision against Booking.com shines a spotlight on longstanding contractual practices in online travel distribution and signals a shift toward stronger protection of competition and supplier autonomy. If followed by substantial damages awards, it could mark a turning point in how major booking platforms structure their agreements with accommodation providers across the European market.
