Booking / eTraveli: A Short Note on the Commission’s First Prohibition of a Merger Between Digital Platforms

Abstract

This is a short note on the European Commission’s prohibition of Booking.com's failed acquisition of Swedish flight booking platform eTraveli.

The decision is noteworthy for several reasons, although the case’s true significance may only become clear when the decision is published. The decision marks the first time the Commission prohibits a concentration involving digital platforms, and the first prohibition based on a so-called ecosystem theory of harm. It was also the Commission’s only prohibition decision in merger control in in 2023.

Case commented: Case M.10615 - Booking Holdings / eTraveli Group, Commission decision of 25 September 2023.

Keywords: competition law, antitrust law, merger control

JEL Classification: K21