The Interaction Between Public and Private Enforcement of EU Competition Law: a Case Study of the Swedish Booking Cases
The Interaction Between Public and Private Enforcement of EU Competition Law: a Case Study of the Swedish Booking Cases
Author(s): Katharina VossSubject(s): Business Economy / Management, ICT Information and Communications Technologies, EU-Legislation, Court case
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: Booking.com; EU competition law; MFN clause; OTAs; private enforcement; public enforcement;
Summary/Abstract: This article studies the private enforcement conducted in Visita v Booking from the perspective of the interaction between public and private enforcement of competition law. This case concerned the question whether the narrow MFN clauses maintained by Booking were contrary to Article 101 TFEU and could therefore be prohibited by a Swedish court. The focus of this article is placed on the assessment carried out by the Swedish courts to determine whether the MFN clauses were restrictive of competition by effect and on the standard of proof attached to the claimant in this regard. With regard to the interaction between public and private enforcement, Visita v. Booking is viewed as an illustration of the increased complexity of competition policy, in particular were novel practices are at issue.
Journal: Yearbook of Antitrust and Regulatory Studies (YARS)
- Issue Year: 13/2020
- Issue No: 21
- Page Range: 55-70
- Page Count: 16
- Language: English