Noticias

The National Economic Prosecutor’s Office (FNE) has requested approval from the Competition Tribunal (TDLC) of an out-of-court settlement signed with Booking.com B.V., to conclude an investigation launched in 2024 into the use of most-favoured-nation or price parity clauses. These clauses prevented or restricted accommodation providers from offering lower prices through other sales channels—such as other platforms, travel agencies, or their own direct channels—than those published on Booking.com’s platform.

The investigation originated from the Accommodation Market Study, whose Final Report was published by the FNE in April 2024. That report identified the widespread use of price parity clauses by online travel agencies, with Booking.com being the leading platform.

During the investigation, the FNE confirmed the presence of price parity clauses in Booking.com’s general terms and conditions, commercial agreements, and contracts with accommodation providers. It also identified such clauses in the terms and conditions governing access to and participation in several loyalty programs offered by Booking.com to accommodation providers and consumers in Chile.

According to the FNE, these clauses may have anticompetitive effects and risks , such as reducing competition between platforms, diminishing incentives to compete with accommodation providers’ direct channels, and excluding current or potential rival platforms—all to the detriment of consumers.

Under the settlement, Booking.com commits to remove all price-parity clauses identified in the investigation, refrain from implementing them in the future, and include Chile among the “countries without price-parity clauses” in its terms and conditions. In addition, the company must eliminate the external pricing criterion as a requirement for participation in the PPP, PPP+ and Genius loyalty programs, and notify accommodation providers of the commitments under the settlement.

The commitments will remain in force for a minimum of three years, after which the company may request a review by the FNE or the TDLC, based on new evidence.

As part of the agreement, Booking.com must also pay US$6 million to the Chilean Treasury.

The FNE stated that the purpose of the agreement is to safeguard competition in the market, avoiding lengthy judicial proceedings and providing a timely and efficient solution to the identified risks.

The settlement will only take effect if approved by the TDLC, in accordance with Article 39(ñ) of Decree-Law No. 211 of 1973.

The TDLC has scheduled a public hearing to assess the settlement on March 23, 2026.