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April 2026
In preparation
Eduardo Caruso Cunha
European Competition Law and the Internet Parity Clauses
Parity clauses – also known as most-favoured-nation (MFN) clauses – have become a central point of contention in European competition law, particularly in the context of online platforms and digital intermediation. Widely used by online travel agencies and other digital intermediaries, these clauses raise fundamental questions about market power, price competition, and the structure of digital markets.
This book provides a comprehensive analysis of parity clauses under Article 101 TFEU, combining doctrinal legal analysis with insights from platform economics. It examines the evolving case law and decisional practice across Europe, including the prominent Booking.com proceedings, and situates these developments within the broader regulatory landscape shaped by the Digital Markets Act and the revised Vertical Block Exemption Regulation.
Going beyond a purely effects-based approach, the book advances a process-oriented understanding of competition law. It argues that the central objective of European competition law lies in safeguarding the conditions of competitive interaction – particularly in digital markets characterized by intermediation, network effects, and increasing private regulatory power.
Going beyond a purely effects-based approach, the book advances a process-oriented understanding of competition law. It argues that the central objective of European competition law lies in safeguarding the conditions of competitive interaction – particularly in digital markets characterized by intermediation, network effects, and increasing private regulatory power.
Keywords: EU Competition Law; Parity Clauses; Most-Favoured-Nation (MFN) Clauses; Online Platforms; Digital Markets
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