Just weeks after the European Court of Justice confirmed that wide parity clauses may breach EU competition law — and three months after Spain’s CNMC issued a €486 million fine — Booking.com has filed its formal appeal in the Spanish courts. The appeal marks the next stage in what is quickly becoming one of the most significant regulatory challenges faced by an OTA in recent years.Booking.com has formally filed its appeal against the €486 million fine imposed by Spain’s competition authority, CNMC. The appeal challenges a sweeping decision handed down in July 2024 that found the OTA guilty of abusing its market dominance through anti-competitive contractual restrictions.
In the appeal, Booking.com claims that its practices were consistent with industry norms and essential for protecting platform integrity. It argues that parity clauses ensured fair competition across digital channels, preventing price undercutting that could damage consumer trust.
However, many legal experts believe the company faces an uphill battle. The ECJ’s ruling in September 2024, which deemed similar parity clauses unlawful under EU competition law, has added significant legal weight against the defence of such practices.
Craig Cooper, Managing Director of Barings Law, commented:
“Although the CNMC and ECJ cases involve different legal frameworks, they both expose the risks posed by platform-imposed restrictions. The direction of travel is clear — courts and regulators are calling time on commercial arrangements that reduce price competition and limit hotel autonomy.”
With the legal tide turning, hotels affected by these agreements are being encouraged to review their historical booking data, commission agreements, and rate parity terms. Law firms in both Spain and the UK are ramping up their preparation for potential damages claims.
In Spain, hotels are using the CNMC ruling to explore collective actions while the appeal is ongoing. Though the legal process could extend into 2026 or beyond, hoteliers are being advised not to delay in building evidence or registering interest.
In the UK, where post-Brexit law allows for distinct but aligned competition claims, several legal teams — including Barings Law — are assessing whether affected hoteliers can bring claims under UK competition rules. Affected parties may include independent hotels, guesthouses, and serviced accommodation providers who relied heavily on Booking.com during the period in question.
There is also speculation that regulators in other countries may launch parallel investigations, especially where Booking.com’s market share exceeds critical thresholds. The European Commission has not ruled out broader action, depending on the outcome of the appeal and associated cases.
For now, Booking.com continues to operate under regulatory scrutiny, with many hotels cautiously re-evaluating their distribution strategies.
