Summary
This 8-K filing from The Priceline Group Inc. (now Booking Holdings Inc.) on December 15, 2014, addresses significant regulatory developments concerning Booking.com's rate parity provisions in France, Italy, and Sweden. National competition authorities in these countries have announced their intention to seek public feedback on proposed commitments offered by Booking.com B.V. These commitments aim to resolve ongoing investigations into Booking.com's "most favored nation" (MFN) clauses within its contracts with accommodation providers. If accepted, these commitments would involve replacing existing price parity agreements with "narrow" price parity. Specifically, accommodation providers would still need to offer the same or better rates directly to consumers as offered on Booking.com, but would be freed from offering the same or better rates to other online travel companies. The company anticipates that these proposed changes, if approved and implemented, could lead to the closure of investigations in these specific countries without any admission of wrongdoing or fines, and potentially pave the way for a broader European solution.
Key Highlights
- 1Booking.com is responding to investigations by French, Italian, and Swedish competition authorities regarding its rate parity provisions.
- 2The company has offered commitments to resolve these investigations, which will undergo a public feedback period (market test) ending in January.
- 3The proposed commitments involve shifting from current price parity agreements to 'narrow' price parity.
- 4Under 'narrow' price parity, accommodation providers must offer the same or better rates to consumers directly as they do on Booking.com.
- 5Accommodation providers will no longer be required to offer the same or better rates on Booking.com compared to other online travel companies.
- 6If accepted, investigations in France, Italy, and Sweden would close without fines or admission of wrongdoing.
- 7Booking.com aims for these commitments to facilitate an industry-wide solution for similar ongoing investigations across Europe.