520 COMPETITION LAW IN TOURISM characterised by two-sided markets, in which interactions between two distinct user groups are enabled or facilitated by an intermediary platform and exhibit cross-platform network effects or indirect network effects. MFNs between suppliers and intermediaries may have multiple pro- -competitive benefits to consumers: 1) An MFN may directly lower prices charged by a supplier; 2) An MFN may reduce bargaining costs; 3) MFNs may provide brand protection or otherwise enhance the value of the platform; or 4) MFNs may provide other, non-price-related benefits to consumers. It is important to analyse the ruling more carefully and consider the extent to which it supports a complete ban on MFNs. In the EU, several countries started investigations and, in April 2015, the French, Italian and Swedish competition agencies simultaneously accepted commitments offered by Booking.com, which included a switch from wide to narrow price parity clauses. The HRS (Higher Regional Court’s) served as the foundation of the Bundeskartellamt’s decision to reject Booking.com’s commitments, since the Düsseldorf HRS. The commitments have been publically accepted or tacitly endorsed by 25 competition authorities across Europe, since January 2016. Dennis & Anthony J., (1995) in their study on the most favoured Nation Contract Clauses under the Antitrust Laws, stated that MFNs are neither inherently procompetitive nor inherently anticompetitive; legal precedent mandates that MFNs be assessed under a rule-of-reason analysis. As we can see ultimately, a rule-of-reason analysis should determine whether the net effect of a MFN – considering all potential efficiencies and restraints on competition – benefits, harms or does not affect consumers. 4. OTAS AND PARITY CLAUSES ONLINE Price parity clauses risk stifling price competition among OTAs. To a degree, OTAs – while not being one – serve like a price-comparison website: consumers become much more aware of the hotels they could stay at and the prices and facilities of each small and mediumsize enterprises’ entry and expansion. The French Competition Agency (FCA) concluded that the removal of wide parity used by all OTAs active on the market, the removal of availability parity and the use of narrow parity would lead to a decrease in commission charged, a
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