EU General Court Upholds First-Ever “Ecosystem” Merger Prohibition

On September 9, 2026, the EU General Court (GC) upheld the European Commission (EC)’s prohibition of Booking’s proposed acquisition of flight online travel agency (OTA) Etraveli.

This is the first time a court has endorsed the EC’s use of an “ecosystem” theory of harm in merger control. The ruling will have significant implications for dominant firms pursuing acquisitions and confirms the EC’s approach in its draft revised merger assessment guidelines, the final version of which is due imminently.

Elements of the GC’s findings are remarkable. Booking has indicated that it may appeal the judgment to the European Court of Justice. Ultimately, the GC’s position may not be the final word but, for now, businesses must take note.