Spain: €413 million
Spain's National Markets and Competition Commission (CNMC) fined Booking €413.24 million for abuse of a dominant position, following a complaint by Spanish hotel associations in 2021. According to the regulator, Booking's share in Spain ranged between 70% and 90%.
The CNMC identified two abuses since 2019. One exploitative: imposing conditions such as stopping hotels from offering lower prices on their own channels. One exclusionary: giving better visibility to hotels that concentrate more bookings on Booking, which makes it harder for other online agencies to grow.
Booking said it totally disagrees and appealed the fine before Spain's National High Court, which has the final word.
Europe: gatekeeper
In May 2024 the European Commission designated Booking a gatekeeper under the Digital Markets Act, the same category as giants like Google, Apple or Meta. The designation brings concrete obligations, such as not imposing price parity on hotels.
The General Court: dominant position
In 2023 the European Commission blocked Booking's €1.63 billion purchase of eTraveli, a flight agency. The reasoning: flights are usually the first thing booked for a trip, and adding that traffic would have strengthened Booking's position in hotels.
In September 2026 the EU General Court dismissed Booking's appeal and confirmed that the Commission had correctly found Booking already held a dominant position among online travel agencies for hotels, with a share above 60% in Europe. Booking said it is considering a final appeal to the Court of Justice.
| Who | Decision | Status |
|---|---|---|
| CNMC, Spain | €413.24M fine for abuse of a dominant position | Appealed |
| European Commission | Gatekeeper under the DMA (2024) | In force |
| EU General Court | Upholds the eTraveli ban and the dominant position (2026) | Final appeal possible |
What Booking says
To be fair: Booking argues that hotel distribution in Europe is balanced and competitive, and that no hotel depends on a single platform. It's true that, according to HOTREC, half of hotel bookings in Europe are still made directly with the hotel.
But within online agency bookings, Booking's share is around 69%. And for many small hotels without a website that works, that direct half is phone calls, the front desk and returning guests, not an online channel that competes.
Why this matters to a small hotel
Regulatory decisions take years and many are still in court. Meanwhile, every hotel can do something today: build its own channel.
This isn't about fighting Booking, it's about not depending on it. A fast, well-ranked website of your own is the tool that turns the competition regulators are asking for into real bookings for your hotel.
Sources
- La CNMC multa a Booking por abuso de su posición de dominio (Reason Why)
- CNMC: mayor sanción de su historia a Booking (Público)
- EU Court upholds ban on Booking acquisition of eTraveli (Travel Extra)
- Booking.com now required to comply with EU Digital Markets Act (Irish Legal News)
- Booking.com says Europe's hotels don't depend on it (Hospitality Net)