ORCID
Katharina Voss: 0000-0002-5451-0992
Keywords
Booking.com, EU competition law, MFN clause, OTAs, private, enforcement, public enforcement
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.
Recommended Citation
Voss, K. (2020). The Interaction Between Public and Private Enforcement of EU Competition Law: a Case Study of the Swedish Booking Cases. Yearbook of Antitrust and Regulatory Studies, 13(21), 55-71. https://doi.org/10.7172/1689-9024.YARS.2020.13.21.2
First Page
55
Last Page
71
Page Count
16
Received Date
05.07.2019
Accepted Date
26.09.2019
DOI
10.7172/1689-9024.YARS.2020.13.21.2
Publisher
University of Warsaw
Publication Date
2020-09-30
