CCI Fines MakeMyTrip and OYO for Anti-Competitive Conduct

MakeMyTrip and OYO Startup News

The Competition Commission of India (CCI) has fined MakeMyTrip and Oyo for anti-competitive conduct in hotel room listings. The CCI has fined both companies 5% of their annual turnover for a period of 3 years; Oyo was fined Rs 168.88 cr, while Make My Trip was fined Rs 223.48 cr.

The decision comes after complaints from budget hotel chains that the companies’ vertical integration agreement was creating dominance in the online hotel booking market, and that MakeMyTrip was deep discounting and enforcing terms that prevented rooms from being cheaper on other platforms. 

In a statement, Oyo indicated that the platform would appeal the ruling, saying "OYO believes that our business practices and conduct comply with all applicable laws & will take all necessary steps to explain our position in the appropriate forums."

A MakeMyTrip spokesperson also said the company would explore an appeal, saying that the platform was compliant with Indian laws. The spokesperson went on to say that "The CCI’s order is appealable before the National Company Appellate Tribunal within 60 days. We’ll determine our future action as per of our legal counsels advice .” 

The Federation of Hotel & Restaurant Associations of India (FHRAI) has welcomed the order. In a statement, FHRAI president Pradeep Shetty said, "This is by far one of the biggest wins for the hospitality industry against the dominance of the aggregators." 

Shetty added, "Oyo especially is responsible for the systemic depredation of the budget segment hotel business and its market as a means to achieve a notional billion-dollar valuation. This is a serious concern for our country’s hospitality ecosystem.” 

In addition to paying penalties, “MMT Go is directed to modify the agreements with hotels/chain hotels, to remove/abandon the price and room availability parity obligations imposed by it on its chain hotel partners w.r.t. other OTAs,” the order said. This essentially means that MMT cannot force hotels chains it has partnered with to offer higher prices or identical on other platforms. 

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The commission also ordered that hotel listings be offered on a transparent basis on the platform. The order will be appealed by both firms, but they should consider a defense based on their shrinking market shares in the segment. Anecdotal evidence indicates a strong push by many of their 'partner' hotels chains to not accepting such bookings made on these platforms as far as possible.

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