Online Travel Update: India’s MakeMyTrip fined for anti-competitive behavior | PC Foster Garvey | Tech US News


Three of the four stories we featured in this week’s update detail recent or ongoing examinations by competition regulators of the business practices of various online travel platforms. Relatedly, we’ve also re-included a link to our FAQs on the recently enacted European Digital Markets Act (DMA). We hope to have similar updates on the Digital Services Act (sister legislation to the DMA) soon. Enjoys.

India’s MakeMyTrip fined for anti-competitive behaviour
(“MakeMyTrip and OYO Fined for Anti-Competitive Behavior,” Oct 21, 2022 via Phocus Wire)
In a press release issued last week, the Competition Commission of India (CCI) announced that it has imposed fines of $27 million against online travel agent MakeMyTrip for abusing its dominant market position. The fine is in addition to the mandatory behavioral changes. The CCI investigation (which ran from 2017 to 2020) examined MMT procurement (parity and exclusivity of rates and availability) and marketing practices. Relatedly, OYO Hotels & Homes was fined $20 million for its deal with MMT, which regulators said “adversely affected competition.”

Update on the European Commission’s review of Booking Holdings’ acquisition of Etraveli
(“Booking Holdings’ acquisition of Etraveli opens for comment in EU”, Oct 19, 2022 via MLex Insights) (subscription may be required)
Over the past few weeks, we’ve been providing updates on the planned purchase of Etraveli by Booking Holdings (and its related travel brands). For those of you who are interested in providing feedback on the acquisition (or are in the process of providing feedback) to the Commission, we have attached a recently published update on submissions. practices under review in Spain
(“ investigated in Spain over domain-abuse issues, CNMC says,” Oct. 17, 2022 via MLex Insights) (Subscription may be required)
The Spanish Competition and Markets Authority announced last week that it has launched formal antitrust proceedings against related to its allegedly unfair business conditions imposed on Spanish hotels. The proceedings respond to the complaints presented to the Authority by the Spanish Association of Hospitality Managers and the Regional Hospitality Association of Madrid. According to the announcement, the proceedings will focus on’s practices and policies that may adversely affect Spanish hotels, competing online travel agencies and Spanish consumers. The Authority now has 18 months to complete its investigation and issue its final decision.

Other news:

Capital One Travel takes on rival banks with 10x rewards for luxury hotels
October 18, 2022 via Skift (subscription may be required)
At a time when rival banks such as Chase, Citi, American Express and US Bancorp are trying to improve their travel offerings, Capital One Travel plans to introduce 10x booking rewards at a new collection of luxury hotels and has partnered with chef José Andrés Group on a new airport lounge concept.

Understanding the Digital Markets Act (DMA) – FAQ sheet
October 12, 2022 via Foster Garvey Legal Alert
The Digital Markets Act (DMA) was published in the Official Journal on October 12. The DMA aims to create a level playing field for EU companies by regulating big technologies.


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