“Bestpreisklauseln” antitrust law and therefore inadmissible
By order of 09. January 2015 has 1. Antitrust Division of the Court of Dusseldorf, chaired by Prof. Dr. Jürgen Bold confirmed the view of the Federal Cartel, that between the HRS Hotel Reservation Service Robert Ragge GmbH (“HRS”) and agreed their contract hotels “Bestpreisklauseln” are contrary to competition law. The Senate has therefore the appeal of the HRS against a decision of the Federal Cartel Office of 20. December 2013 rejected, with the HRS and the further implementation of the agreement “Bestpreisklauseln” was prohibited.
In support of the Senate takes, that the practice of HRS Bestpreisklauseln a restriction of competition and. A. effecting between different hotel portal providers. This constituted a violation of § 1 of the Act against Restraints of Competition (GWB) give. The hotel companies are prevented due to the Bestpreisklauseln, determine their hotel room rates and other conditions to the various portals and self-distributed differently. By Bestpreisklauseln they were under a duty, HRS always give at least the same cheap room rates and price conditions. Also, due to the HRS could clauses relating to the availability and booking- are not provided and cancellation conditions worse, than other distribution channels. The agreement of a Bestpreisklausel also take online hotel portals economic incentive, deliver the HRS hotel companies lower brokerage commissions, to be permitted to return,, to offer the guest via its portal at cheaper prices and conditions as HRS.
Since established by the Federal Cartel market share of HRS 30% climb over, causing the Bestpreisklausel not an appreciable restriction of competition and whether by the relevant block exemption Regulation (Art. 101 Abs. 3 TFEU i. In. M. Art. 3, 7 Vertical GMOs) be exempted. The Bestpreisklauseln were not due to efficiency gains after the legal exception of Article. 101 Abs. 3 TFEU allowed.
The Senate has approved against his decision, the appeal at the Federal Court, because the Bundeskartellamt lead due to Bestpreisklauseln against more hotel portal provider procedures and in other European countries Bestpreisklauseln subject of antitrust proceedings are.
CERTIFICATE: OLG Dusseldorf, WE – Map. 1/14 (In)
Background information:
The HRS GmbH of Cologne operates a global electronic hotel reservation portal based on a database of over 250.000 Hotels in all price categories. The HRS system enables direct bookings with instant confirmations to the current hotel room rates. The hotel customers are asked not incurred costs for the agency services provided by HRS GmbH, Rather, the HRS GmbH receives a commission from the hotels. In the contracts between HRS and the hotels are since the year 2006 suction. “Bestpreisklauseln”. After these committed themselves contractually bound Hotels, principle to provide the HRS GmbH the cheapest room available and guarantee, that the HRS GmbH will always receive at least the same low prices, the hotel on another hotel- offers and travel sites on the Internet or on the hotel's website or can offer.