Sony and Booking.com Sued in Landmark Dutch Digital Markets Act Lawsuits

Booking.com and Sony are facing high-profile collective legal actions in the Netherlands, marking one of the first major tests of the EU Digital Markets Act (DMA) in European courts. The suits, filed by prominent Dutch consumer advocacy groups, allege significant violations of EU competition rules and seek financial redress on behalf of consumers.

 

Booking.com Lawsuit

Dutch foundations Consumer Competition Claims (CCC) and the Consumers’ Association have initiated proceedings against Booking.com, alleging that its price parity clauses, which barred hotels from offering lower prices elsewhere, artificially inflated costs for consumers. These practices, they argue, have persisted for over a decade.

 

This is the first DMA-based class action in the Netherlands since the European Commission named Booking.com a “gatekeeper” platform in 2024. If successful, the case could result in hundreds of millions of euros in damages and reshape how online travel platforms manage third-party pricing.

 

Sony Targeted Over Gaming Platform Pricing

In a separate lawsuit, Mass Damage & Consumer, another Dutch advocacy foundation, is preparing to sue Sony. 

 

The claim alleges that Sony abused its dominance in the PlayStation digital store by enforcing a 30% commission, which was ultimately passed on to users, leading to a 47% average price increase for digital games. The foundation argues that this violates both Dutch competition law and the DMA’s anti-self-preferencing provisions.

 

Legal Insight

 As the EU Digital Markets Act opens the door to mass litigation, tech companies, aggregators, and platforms operating in or targeting European markets must urgently review their compliance posture.

 

Sunil Ambalavelil, Chairman of Kaden Boriss, advises:

 

“Preventive legal strategy is now critical. From data monetisation structures to platform pricing, every decision must be DMA-compliant or risk exposure to class actions.”

 

How Kaden Boriss Can Help?

• DMA Compliance Audits for digital platforms and marketplaces.

• Cross-border Litigation Advisory for companies facing or anticipating EU-based collective claims.

• Contract & Pricing Structure Reviews to align with EU antitrust and gatekeeper rules.

 

For tailored legal consultation, contact us today.

 

Why It Matters?

• These cases signal a move from EU-led enforcement to consumer-driven litigation.

• The DMA allows fines of up to 10% of global turnover for violations.

• The Netherlands’ opt-out litigation framework makes it easier for consumers to participate in claims without active involvement, making it a preferred venue for EU tech litigation.

 

Key Takeaways

• Booking.com and Sony face separate class actions over pricing practices allegedly in breach of the DMA.

• The lawsuits test the effectiveness of DMA enforcement via national courts.

• The Dutch legal system is emerging as a strategic battleground for tech regulation litigation in the EU.

 

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