Booking.com prevails in court – „narrow“ MFNs now permissible in Germany

On June 4, 2019, the Düsseldorf Court of Appeals lifted the Bundeskartellamt’s prohibition decision of Booking.com’s “narrow” best price (or most favored nations, MFN) clauses in Germany. The court found that these clauses were necessary to ensure a “fair and balanced exchange of services between portal and hotels”.  The decision may have a significant impact on the assessment of best price clauses by digital platforms in Germany.  Silke Heinz wrote a post on Kluwer Competition Law Blog on the decision, see here.