NEWSLETTER-2017

130 NEWSLETTER 2017 Secondly, the Booking.com decision will be an important deci- sion in terms of evaluating the competitive effects of the MFN clauses in the platform markets. The decision found that the MFN clauses in the Booking.com agreements are anti-competitive. At first instance, the MFN clauses may seem to be a positive arrangement for the consumers. This is because when the consumer visits Booking.com, hotels rooms are easily reserved with the lowest price guarantee. On the other hand, looking at the bigger picture, there may be different conclusions and, within that context, there are a number of facts that should be considered. For instance, whether these “lowest” prices that are applied in a platform that have the high market share, as conse- quence a floor price, therefore, result in the accommodation facilities being unwilling to offer lower prices to customers. If this is so, the MFN clauses may reason market entry obstacles. The Board’s grounds for this evaluation will be understood through the reasoned decision. Beyond any doubt, the reasoned decision will be a useful guide for the evaluation of MFN clauses in platform markets.