CONFIDENTIAL - Booking.com’s non-compliance with DMA: data access and payment restrictions undermining fair competition

The document analyzes Booking.com’s non-compliance with key obligations under the Digital Markets Act (DMA), specifically Articles 6(10) and 5(7). It argues that Booking.com restricts hotels’ access to essential guest data, such as unmasked email addresses, phone numbers, channel information, IP addresses, and payment details,despite DMA requirements for real-time, granular data sharing once valid consent is obtained. The note highlights Booking.com’s control over consent mechanisms, preventing hotels from customizing requests, and its misuse of the “acquired user” concept to justify withholding data.

Additionally, it details how Booking.com limits alternative payment options, forcing reliance on its own payment system, which increases costs, reduces flexibility, and undermines competition. The document concludes that these practices violate DMA provisions aimed at ensuring fairness, contestability, and innovation in digital markets.