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Narrow Price Parity Clauses in the Context of EU Competition Law.
 Tůmová, Natálie ; Šmejkal, Václav (advisor) ; Exner, Jan (referee)
Narrow Price Parity Clauses in the Context of EU Competition Law Abstract This paper deals with the issue of narrow price parity clauses. Narrow price parity clauses are contractual arrangements that online booking platforms, such as Booking, oblige hotels not to offer accommodation at lower prices through their websites than through the booking platform. As the clause restricts hotels' freedom to price their services freely, national competition authorities across the EU have started to look into the clauses. The competition authorities of the Member States have investigated whether narrow price parity clauses constitute a restriction of competition within the meaning of Article 101(1) TFEU. Although the protection of competition falls within the exclusive competence of the EU and the framework of competition regulation is therefore almost identical in all Member States, Member States' approaches to compatibility of narrow price parity clauses with the competition law differ. The first objective of this paper was thus to categorise the different approaches of the competition authorities regarding narrow price parity clauses. On the basis of a thorough research, the author has prepared an overview table on the permissibility of narrow price parity clauses used by Booking in all Member States. In 5 Member...
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