Expedia v. hotels – Significant imbalance and public order law: Paris Appeals Court (Pole 5 – Chamber 4, 21 June 2017, RG No 15/18784) partially reverses the judgment of the Paris Commercial Court
Following French Economy Minister’s claim against Expedia on the merit of the significant imbalance created by the best price alignment clauses, the Court of Appeal partly reverses the judgment of the Paris Commercial Court of May 7, 2015.
The contracts all included, from 2008 to 2011, tariff and conditions parity clauses and a last available room clause.
The first clause made it possible to obtain automatically the best pricing conditions and the best promotional offers. The second clause made it compulsory for the hotel to keep all rooms unreserved available for Expedia.
Some proceedings remain pending before the French Competition Authority seized in 2013 by hotel unions against certain clauses of contracts between online booking agencies, including the Expedia group, and hotels concerning Expedia in particular. Lire la suite