A major legal battle between Spain’s hotel industry and Booking.com is taking shape, with more than 1,400 hotel companies preparing to join a class-action lawsuit accusing the online travel platform of imposing restrictive commercial conditions that harmed competition and increased costs for accommodation providers.
According to El País, the case represents one of the largest collective legal actions ever prepared by Spain’s hotel sector against a global technology company. The lawsuit, led by CCS Abogados on behalf of the Spanish Confederation of Hotels and Tourist Accommodation (Cehat), seeks compensation for businesses that claim they were affected by Booking.com’s pricing policies, particularly the use of so-called parity clauses.
The legal action follows a September 2024 ruling by the Court of Justice of the European Union (CJEU), which challenged aspects of Booking.com’s pricing practices and opened the possibility for hotels to seek damages. The clauses prevented hotels from offering rooms at lower prices through other platforms or through their own websites, limiting their ability to set independent pricing strategies.
Booking.com ended the practice on June 30, 2024, after the European Commission designated the company as a “gatekeeper” under the Digital Markets Act and established requirements aimed at increasing competition in digital markets.
The Spanish lawsuit is now moving through the preparation phase, with lawyers gathering financial information and expert assessments to determine the economic impact of the disputed clauses. Jaime Concheiro, managing partner at CCS Abogados, told El País/Cinco Días that around 1,400 companies have already joined the initiative, including some of Spain’s largest hotel groups as well as alternative accommodation providers such as tourist apartments and spas.
The number of participating companies does not directly correspond to the number of individual hotels involved, Concheiro explained. Some companies joining the lawsuit operate large hotel portfolios, meaning a single participant can represent dozens of establishments and thousands of rooms.
CCS Abogados estimates that affected companies could potentially recover up to 7.3% of the revenue they paid to Booking.com, based on the outcome of a similar case in the United Kingdom. However, the firm has emphasized that any final compensation would depend on the specific circumstances of the Spanish market.
The law firm has created a compensation calculator that allows companies to estimate possible claims based on two factors: when they began working with Booking.com and the average amount they paid to the platform each year. One example provided by the firm suggests that a company working with Booking.com since 2005 and paying €15,000 annually in commissions could potentially claim up to €12,300 in compensation, including alleged overcharges and legal interest.
The deadline for formally joining the CCS lawsuit closed on March 31, although new participants continue to express interest. The legal team is currently preparing the evidence needed to demonstrate the alleged damages caused by Booking.com’s pricing rules.
The Spanish case is also being closely watched alongside a separate legal action in the Netherlands, where more than 15,000 European hotels have filed a collective claim against Booking.com. A Dutch court has indicated that the continuation of that case depends on plaintiffs proving the damages they suffered as a result of the company’s pricing policies.
The outcome of the Dutch proceedings could influence the Spanish case, particularly regarding how economic damage is calculated. Concheiro said the legal team is waiting to see whether the Dutch ruling provides additional guidance on preparing expert reports.
The CCS lawsuit focuses specifically on price parity clauses, which lawyers argue restricted competition by preventing hotels from offering cheaper rates through other online agencies or their own websites. According to Concheiro, these clauses limited market competition while allowing Booking.com to charge commissions of around 20%.
A future ruling in the Netherlands could expand the scope of possible claims by addressing whether Booking.com abused its dominant market position. Such a development could increase the value of potential compensation claims but would also require additional evidence and documentation.
The companies involved in the lawsuit are assessing damages based on several factors, including their revenue generated through Booking.com, the length of time they used the platform, and the costs associated with commissions and marketing services. The disputed pricing policies were in effect for years, from at least 2004 until June 30, 2024.
Booking.com has rejected the allegations and said it will defend its position in court. The company argues that the claims are unfounded and based on what it considers an incorrect interpretation of the European court’s ruling.
In a statement cited in the report, Booking.com said the CJEU did not declare the clauses illegal and only confirmed that such practices fall within European competition law and require individual assessment based on their effects.
The legal process is not expected to formally begin before 2027. Under Spanish law, the parties must attempt to resolve the dispute through mediation or conciliation before moving forward with court proceedings.
CCS Abogados has said it is not rushing to file the lawsuit, citing the importance of strengthening the case with additional judicial decisions from European courts. The firm noted that previous collective legal actions, such as the case involving the truck cartel, took significant time between organizing affected parties and formally submitting claims.
The CCS initiative is not the only legal challenge facing Booking.com in Spain. Another class-action lawsuit is being prepared by law firms Eskariam and Regula, which plans to file its case later this year. That effort already includes more than 750 accommodation providers and represents claims exceeding €200 million.
The second lawsuit could expand significantly before filing, with hundreds of additional hotels considering participation. According to preliminary estimates from consultancy Compass Lexecon, potential losses could represent between 1.65% and 2.12% of affected companies’ revenue during the disputed period, creating a possible total claim value of more than €4 billion.
David Fernández, CEO of Eskariam, said collective action is necessary when challenging a multinational company of Booking.com’s size. He argued that such cases require both financial resources and a large enough group of affected businesses to reduce individual risks for participants. To support the litigation, Eskariam secured a €50 million credit line from U.S. investment firm Victory Park Capital.
As Spain’s hotel industry moves closer to filing its claims, the dispute has become a broader test of how digital platforms operate within Europe’s increasingly regulated marketplace. The outcome could determine whether thousands of accommodation providers receive compensation and may influence future relationships between global booking platforms and businesses that depend on them.
