EU COMPETITION LAW AND POLICY IN THE TOURISM SECTOR 39 definition open, recognising that the market for the provision of hotel franchising services should not be further segmented by hotel comfort/price level80. Additionally, the Commission contemplated whether shortstay residences would form part of a broader hospitality market, also including hotel accommodation services. The Commission identified some differences between the two types of services, as shortstay residences are usually larger than hotel rooms and equipped with a kitchen, the services offered (in addition to the accommodation) are more limited, the customer base consists mainly of corporate customers and the average stay is longer than in the case of hotels. Ultimately, the Commission left the exact definition of the product market open81. Furthermore, there may be a separate market for the provision of specific services, including facilities and services for conferences, meetings and small events, fitness facilities, food and beverages through onsite restaurants and bars, gift shops, loyalty programs. Such services, provided on site in the various Marriott and Starwood hotels, are peripheral to the Parties’ primary activity and revenue stream, which is the provision of hotel accommodation services. Thus, the Commission regards the provision of such additional services as ancillary to hotel accommodation services82. Supplying travel agency services comprise a separate market, while business travel and leisure travel services may constitute different product markets83. A business travel agency is designed for business travel management companies and employees, respecting corporate travel budgets and plan84. In contrast, leisure travel agencies provide services to individuals in connection with their non-business vacation and personal travel needs85. Leisure travel services could be further segmented in markets for distribution of online booking and brick- -and-mortar shops86, since the latter often give personalised advice and offer aftersales services, as opposed to online booking. 80 Case M.7902 Marriott/Starwood, paras. 102-107. 81 Case M.4612 Accor / Pierre et vacances / Newcity, recitals 15 and following; Case M.3068 – Ascott Group / Goldman Sachs / Oriville, recitals 13 and following. 82 Case M.7902 Marriott/Starwood, para. 72. 83 Case M.2627 Otto Versand/Sabre/Travelocity JV (2001), para 12. 84 Case M.2197 Hilton/Accor/Forte/Travel Services JV (2001), para 14. 85 Case M.2627, supra note 83, para 12. 86 See: Cases M.6163 – AXA/Permira/Opodo/Go Voyages/E-dreams (2011), paras. 19-23; M.5996 – Thomas Cook/Travel Business of co-operative group/Travel Business of Midlands Society (2011), para. 28.
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