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COMPETITION LAW IN BRAZIL: 2018 OVERVIEW 31
The probe began after a complaint presented by Fórum de Operadores
Hoteleiros do Brasil (FOHB). According to the complaint, Booking.com, Decolar.com and
Expedia introduced “wide” MFN clauses in their agreements with hotel chains. These clauses
guaranteed that hotels would offer better prices, room availability and commercial conditions
to consumers using the platforms compared with those offered through their own online and
off-line sales channels, such as travel agencies. According to the complaint, hotel chains were
therefore prevented from offering discounts or more favorable conditions directly to consumers.
