492 COMPETITION LAW IN TOURISM 2015, COMCO, arguing that Article 5, para 1 (unlawful agreement affecting competition) and Article 7 (unlawful behaviour) of Federal Act on Cartels and other Restraints of Competition (Cartel Act – CartA), decided to obligate the three largest hotel online booking platforms (HRS, Booking.com and Expedia) to ban the parity clause in their contracts. Together with this administrative aspect, there has been a legislative effort, with a motion being submitted, on 30 September 2016, by Pirmin Bischof, a member of Council of States, the upper house of the Swiss Parliament. This motion, with Code no. 16.3902, which was created to prohibit leonine contracts from online booking platforms including hotels63, was approved in both houses of the Swiss Parliament, Council of States64 and National Council65 to ban rate parity clauses. With the approval, this motion instructs the Federal Council, the highest executive authority, to submit a bill to the Federal Assembly. Another administrative development occurred in September 2017 when the Swiss Price Surveillance initiated a formal procedure concerning Booking.com66; the case was still on-going in 201867. 8. SWEDEN Sweden has had developments related to the case, referencing administrative authorities and courts. The first one worthy of mention occurred on 15 April 2015 when it was decided by the Swedish Competition Authority that Booking. com was required to change wide parity clause to narrow parity clause68. More recently, an equally important movement occurred, with the Swedish Patent and Market Court prohibiting, in July 18, Booking.com to impose parity clause69, a decision appealed to the Swedish Patent and Market Court of Appeal. 63 In French, interdire les contrats léonins des plateformes de réservation en ligne dont l’hôtellerie. 64 There were 34 votes in favour of the motion, 5 against and 4 absences, 6 March 2017, available at https:// www.parlament.ch/en/ratsbetrieb/amtliches-bulletin/amtliches-bulletin-die-verhandlungen?SubjectId=39365 (accessed on 04 March 2019). 65 There were 120 votes in favour of the motion, 52 against and 10 absences, 18 September 2017, available at https://www.parlament.ch/en/ratsbetrieb/amtliches-bulletin/amtliches-bulletin-die-verhandlungen?SubjectId=409 71#votum35 (accessed on 04 March 2019). 66 2017 Price Surveillant Annual Report, pp. 766-768. 67 2018 Price Surveillant Annual Report, p. 1125. 68 Available at http://www.konkurrensverket.se/globalassets/english/news/13_596_bookingdotcom_eng.pdf. 69 Reference number: PMT 13013-16.
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