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Online hotel deals under investigation for breaking competition law

01/08/2012

The Office of Fair Trading is investigating whether online travel agents Booking.com and Expedia and hotel group Intercontinental Hotels Group (IHG) have broken competition law.

The regulator's provisional findings are that separate agreements made by Booking.com and Expedia with IHG infringed competition law by limiting price competition and creating barriers for other firms to expand.

The three companies have three months to respond to the allegations. If the OFT concludes that there have been breaches of the Competition Act, it can impose penalties of up to 10 per cent of a company's turnover.

While OFT had thus far limited its investigation to a small number of major companies, it added that the issue is likely to have wider implications as the alleged practices were "potentially widespread in the industry".

Clive Maxwell, OFT chief executive, said: "We want people to benefit fully from being able to shop around online and get a better deal from discounters that are prepared to share their commission with customers."

The OFT investigation began in September 2010, after discount website Skoosh.com complained that it was being put under pressure to maintain a standard price rather than share its commission with customers. The arrangement between Booking.com and IHG was still in place, while Expedia allegedly violated rules between October 2007 and September 2010, the OFT stated.

A report by the BBC said hotel bookings through online travel agents in the UK totalled approximately £849m in 2010. The practice of keeping prices at a pre-set level is called ‘rate parity’, meaning a customer might look at several websites and see the same prices advertised. Where there is very little variation in prices, a website can claim that its prices are the ‘cheapest'.

Both Expedia and IHG have argued that the arrangements complied with the law. A statement from Expedia said: "Expedia remains committed to ensuring that it provides consumers with the widest possible choice of travel options at competitive prices and will seek to safeguard its ability to continue to do so in relation to the current regulatory process.”

IHG said its arrangements with online booking agents were "compliant with competition laws and consistent with the long-standing approach of the global hotel industry".

Booking.com's parent company, Priceline, said it would contest the allegations "vigorously", claiming that it did not control hotel pricing.

 

 


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  • Susan Hankey of CMS Cameron McKenna (competition partner) 02/08/2012

    Although the OFT's announcement directly concerns only a small number of companies, it has taken the unusual step of stating that the issues identified may be industry-wide.

    Beyond the hotel industry any infringement action resulting from the OFT's investigation could have implications for other online as well as offline traders and might clarify exactly what pricing arrangements may in future constitute enforcement priorities in a complex area of competition law.

  • Peter Ducker of HBAA 02/08/2012

    It is widely acknowledged that different business models apply to the varied channels that comprise the hotel and lodging sector, and whether such commercial practices are anticompetitive remains to be seen.
    For the HBAA, 'best price guaranteed' has never been part of our vocabulary as we are servicing a very different market to those of the OTA. The allegations of collusion over 'rate parity' will be ruled by the OFT and until so the HBAA cannot add further comment.



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