CASSATION UPHELD THE DECISION OF THE FAS RUSSIA IN THE BOOKING CASE

Earlier, the agency recognized the company as violating antimonopoly legislation*. Booking has abused its dominant position in the market of providing aggregators of information about hotels and  hostels and other accommodation facilities.

The company imposed unfavorable terms of contracts on Russian hotels and hostels, according to which they were obliged to provide it and comply with the parity of prices, availability of rooms and conditions in all channels of sales and distribution of their services.

According to FAS, such parity conditions lead to the fact that hotels and hostels and other accommodation facilities cannot set the price for their hotel services in other sales channels lower than on the Booking website.

The company's actions limited competition in the market and infringed on the interests of the placement facilities.

The company did not agree with the decision of FAS and appealed it in the courts of three instances. Earlier, the Arbitration Court of Moscow and the Ninth Arbitration Court of Appeal also upheld the decision and the order of the service.

For reference:

* Paragraph 3 of part 1 of Article 10 of the Law on Protection of Competition.