NEWSLETTER-2017

126 NEWSLETTER 2017 Booking.com Decision* Att. Elif Mungan Introduction The Competition Board (“Board”) concluded its investigation with regard to the booking services provided by Booking.com B.V. (“Booking.com”) and by Bookingdotcom Destek Hizmetleri Limited Liability Company, operating as the Turkish representative of Book- ing.com . During its investigation, the Board has evaluated whether Articles 4 and 6 of Act No. 4054 on the Protection of Competition (“Competition Act”) were violated by Booking.com’s “best price guarantee” practices. As a result of the investigation, the Board de- cided that Booking.com violated Article 4 of the Competition Act and, therefore, an administrative fine of 2,543.992.85 TL 1 should be imposed on the undertaking concerned in accordance with Article 16 of the same Act. 2 The reasoned decision has not yet been published. Grounds for the Administrative Monetary Fine The Board decided that Booking.com’s agreements with accom- modation facilities are within the scope of Article 4 of the Competition Act, since the agreements include articles regarding price parity and best price guarantees. Article 4 reads as “ Agreements and concerted practices between undertakings, and decisions and practices of as- sociations of undertakings that have as their object or effect or likely effect the prevention, distortion or restriction of competition directly * Article of January 2017 1 Please see Regulation on Fines To Apply in Cases Of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse Of Dominant Position, Article 5 (1) (b), 5 (2) (a) and 5 (3) (a). 2 Please see: http://www.rekabet.gov.tr/en-US/News/Investigation-conducted-on- Bookingcom-BV-ve-Bookingdotcom-Destek-Hizmetleri-Limited-Sirketi-con- cluded (Access date: 17.01.2017).