European Union: Issued European Commission decision designating Booking as gatekeepers under DMA

On 13 May 2024, the European Commission designated Booking as a gatekeeper for its online intermediation service, Booking.com, under the Digital Markets Act (DMA). The decision was made following a review process initiated on 1 March 2024, after Booking submitted a self-assessment indicating it met the relevant thresholds to be considered a gatekeeper. As a result of this designation, Booking is now required to comply with specific obligations under the DMA within six months, aimed at ensuring fair access for business users to the gatekeeper services. The obligation to inform the Commission of intended mergers or acquisitions applies from the day of designation. The Commission will monitor Booking's compliance, with the possibility of imposing fines of up to 10% of Booking's total worldwide turnover for non-compliance and up to 20% for repeated infringements. Systematic infringements could lead to further remedies, including divestiture or acquisition bans related to the non-compliance.