Warning issued to Booking.com B.V. LLC on termination of actions containing signs of violation of the antimonopoly legislation

21.09.2020 | 11:23

Booking.com B.V.

Herengracht 597 1017 CE Amsterdam
Nederland

Postbus 1639 1000 BP Amsterdam
Nederland

LLC "BUKING.COM RUSIA"

(Booking.com Russia LLC)

Butyrsky Val, 10A, fl. 14,

Moscow, 125047 (for information)

 

 

WARNING ON TERMINATION OF ACTIONS (INACTION), WHICH CONTAIN SIGNS OF VIOLATION OF ANTIMONOPOLY LEGISLATION

 

Due to the presence in the activities of a limited liability company "Booking.com B.V.", established in accordance with the laws of the Netherlands (commercial register of the  Chamber of Commerce of Amsterdam, file number 31047344; VAT registration number NL805734958B01; Dutch data protection identification number 1288246 ; TIN of a foreign organization 9909287967; registration address: 1070 CE, Netherlands, Amsterdam, Gerengrach, 597) (hereinafter - Booking.com B.V.), signs of violation of paragraph 3 of part 1 of article 10 of the Federal Law of 26.07.2006 No. 135-FZ "On Protection of Competition "(hereinafter - the Law on Protection of Competition), expressed in the imposition on economic entities that provide services in the territory of the Russian Federation for the provision of accommodation facilities, conditions on the need for mandatory provision and observance of price parity, availability of rooms and conditions in all sales (distribution) channels of hotel services, contained in agreements concluded between Booking.com B.V. (by the person to whom the relevant powers have been delegated) and accommodation facilities,

Commission of the Federal Antimonopoly Service for consideration of the case No. 11/01/10-41/2019 on violation of antimonopoly legislation, consisting of:

Chairman of the Commission: A.V. Dotsenko - Deputy Head of the FAS Russia; members of the Commission: I.A. Zemtsov - Deputy Head of the Department for Regulation of Telecommunications and Information Technology of the FAS Russia; E.V.  Savostina - Deputy Head of the Legal Department of the FAS Russia;  A.G. Atanasian - Deputy Head of the Department - Head of the International Communications Division of the Department for International Economic Cooperation of the FAS Russia; S.G. Kotelnikov - Head of the Information Technology Division of the Department for Regulation of Telecommunications and Information Technology of the FAS Russia; A.A. Mashtakova - Deputy Head of the Information Technology Division of the Department for Regulation of Telecommunications and Information Technology of the FAS Russia; V.V. Votolevskaya  - Consultant of the Legal Expertise Division of the Legal Department of the FAS Russia, under article 391 of the Law on Protection of Competition warns Booking.com B.V. on the need to terminate the abovementioned actions (inaction) by:

1. Exclusion of all conditions on the need for mandatory provision and compliance with the price parity, the availability of rooms and conditions by accommodation facilities in all sales (distribution) channels of hotel services contained in the General Terms of Service Provision (General Delivery Terms)[1].

2. Exclusion of all conditions on the need for mandatory provision and compliance with the price parity, the availability of rooms and conditions by accommodation facilities in all sales (distribution) channels of hotel services contained in the Privileged Program[2].

3. Exclusion of all conditions on the need to provide and comply with the price parity, availability of rooms and conditions by accommodation facilities in all channels of sales (distribution) of hotel services contained in other agreements concluded between Booking.com B.V. (by the person to whom the relevant powers have been delegated) and accommodation facilities.

4. Exclusion of the provisions stipulating the liability of accommodation facilities for non-compliance with the above conditions in all channels of sales (distribution) of hotel services contained in all agreements concluded between Booking.com B.V. (by the person to whom the relevant powers have been delegated) and accommodation facilities.

5. Notifications to accommodations facilities providing hotel services with which Booking.com B.V. (the person to whom the relevant powers have been delegated) have concluded applicable legally binding agreements (agreements) on the changes specified in paragraphs 1-4 of this warning.

Based on part 5 of article 39.1 of the Law on Protection of Competition Booking.com B.V. is required to carry out these actions within a month from the date of receipt of this warning.

Based on part 6 of article 39.1 of the Law on Protection of Competition the Booking.com B.V. is required to submit to the Federal Antimonopoly Service evidence of the fulfillment of this warning within three days from the date of the end of the period established for its implementation.

 

Chairman of the Commission                                                                                                                                                           A.V. Dotsenko

 

Members of the Commission:

                                                                                     I.A. Zemtsov

E.V. Savostina

A.G. Atanasian

S.G. Kotelnikov

A.A. Mashtakova

V.V. Votolevskaya



[1] The General Terms of Service Provision (General Delivery Terms) are an integral part of the Accommodation Agreement between the accommodation facility and Booking.com B.V. (Booking.com);

[2] The terms of the Privilege Program are an integral part of the Accommodation Agreement between the accommodation facility and Booking.com B.V. (Booking.com).

Warning issued to Booking.com B.V. LLC on termination of actions containing signs of violation of the antimonopoly legislation
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