DMA compliance does not settle Booking.com’s past wrongs
How can Europe keep tourism fair when one company holds significant power over how hotels reach their guests? This question was central to the European Commission’s decision to designate Booking.com as a gatekeeper under the Digital Markets Act (“DMA”) in 2024.
This week’s announcement of further measures to ensure Booking.com’s DMA compliance might give some hotels greater confidence that their future relationship with the company will be more balanced.
But compliance today does not resolve the financial harm they suffered for decades. That is why the Stichting Hotel Claims Alliance (“SHCA”) is coordinating claims from more than 15,000 hotels seeking compensation from Booking.com for the financial harm caused by parity clauses.
Hotels faced decades of unjust treatment
For two decades, Booking.com’s use of price parity clauses restricted hotels from offering better prices or conditions through other channels, including their own websites.
These clauses helped strengthen the company’s market position, with its Online Travel Agent market share reaching as high as 71% in some European countries by 2024. The DMA now prevents Booking.com from imposing such restrictions, marking an important step towards restoring hotels’ freedom to set prices, build direct relationships with guests and compete on fairer terms.
True change requires accountability
Booking.com’s AI-driven “connected trip” strategy depends on the data, participation and trust of Europe’s hotels, from major groups to independent properties. Only hotels can provide access to real-time availability and pricing information, up-to-date property descriptions and customer-experience data. A lengthy dispute would further strain Booking.com’s relations with its most important commercial partners.
The company also faces a potential multibillion-euro damages bill. With compound interest, the potential cost could rise by more than €1 million per day, weighing heavily on Booking.com’s balance sheet.
The Commission’s latest measures are a step in the right direction, but true change requires accountability, not just compliance.
Booking.com should act in the long-term interests of its shareholders and compensate Europe’s hotels.