The Controversial Assessment of Parity Clauses: From the Booking.com Cases to the Digital Markets Act

The antitrust treatment of parity clauses in digital markets has been controversial, as evidenced by various proceedings involving digital platforms, particularly in the online hotel booking sector. This paper examines the use of parity clauses in cases concerning online travel agencies, ranging from national antitrust investigations to the preliminary ruling of the Court of Justice in the Booking.com case. It then analyses the treatment of parity clauses in light of recent developments in the European regulatory framework, with particular reference to the Vertical Block Exemption Regulation and the Digital Markets Act, which imposes an outright ban on such clauses for platforms designated as gatekeepers.