On November 6, 2015, the Swiss Competition Commission (ComCo) closed its investigation against Booking.com, Expedia and HRS regarding potentially anti-competitive contract clauses with hotels. The ComCo decided that the Most Favored Nation (MFN) clauses that were recently modified by certain hotel booking platforms, including Booking.com, are not prohibited. Under these revised clauses, hotels are free to offer better prices than those quoted on online booking platforms (for example on other platforms or via direct marketing such as e-mail or telephone). The ComCo further held that hotel booking platforms, in order to prevent "free riding", may make use of so-called "narrow" MFNs and prohibit that hotels advertise better prices on their own website. The ComCo prohibited the so-called "broad" MFN clauses applied by hotel booking platforms in the past.

Homburger advised Booking.com in this investigation. The Homburger team was led by partner Franz Hoffet and comprised counsel Martin Thomann, associates Kerstin Schiwow-Amrhein and Bettina Meyer (all Competition | Regulatory).