Here’s Why Some Starwood Hotels Are Suing Over The Marriott Merger

For the most part the major hotel chains don’t actually own the individual hotels, but rather just have management contracts to operate them. They get a percentage of the hotel’s revenue, and in exchange for that they market and operate the property.

The major hotel chains are going for an even more asset-light strategy than before, given that several of the hotels actually owned by the major hotel chains (which represent a small percentage of their overall portfolio) have been sold over the past few years.

The fact that the hotel chains don’t own individual hotels is another reason they’re coming up with so many new brands. When Marriott’s takeover of Starwood is complete, the chain will have 30 hotel brands, which is sort of insane. [Update: you can read all the details of the new Starwood/Marriott program here.]

Brands-Marriott Brands-Starwood

In reality all these new brands aren’t designed to sell directly to consumers, but rather are designed to sell to investors. There are only so many Westins you can put in a city, but if you create unique brands with different value propositions, like Aloft, St. Regis, Tribute Collection, etc., it’s easier to justify more properties while keeping existing owners happy.

Merger

Throughout the merger process I’ve been surprised by the lack of protesting from individual hotel owners (at least publicly)

To give an example, I’m in Madrid at the moment, and there’s one Starwood property (the Westin Palace Madrid), and one Design Hotels property. Marriott, on the other hand, has 10 properties. Surely the Westin isn’t happy about the fact that they don’t have the advantage of near exclusive access to a loyal member base anymore?

Westin-Palace-Madrid-Hotel - 1
Westin Palace Madrid Hotel

Well, it looks like we’re now finally seeing a lawsuit from an individual hotel against Starwood relating to the Marriott takeover. Per Bloomberg:

Cityfront Hotel Associates Limited Partners, the owner of the Sheraton Grand Chicago, and Dream Team Hotel Associates LLC, which owns the Westin Times Square in New York, sued Marriott and Starwood in New York state court Tuesday, arguing the merger would unfairly eat into their business. Sheraton and Westin are units of Starwood. The lawsuit seeks to block Marriott and Starwood from taking steps to finalize the purchase.

The plaintiffs say the deal would violate contract clauses that prohibit Starwood from owning, franchising, operating or managing other hotels within a specific geographical area around the two hotels.

This has the potential to set an interesting precedent. If the hotel does in fact have a clause preventing Starwood from operating another hotel within a certain geographical area, is Starwood counting on being able to get away on a technicality, since Starwood as such will cease to exist when the takeover is complete? I have to assume Marriott and Starwood considered this when they entered into an agreement.

I’m curious to see what happens in this case. I doubt Starwood will settle, given that they’d be opening themselves up to similar claims from many other individual hotels. I wonder whether Starwood will be able to get away with this on a technicality, or if this is the start of something big.

Regardless, I certainly do feel bad for the individual hotels. The Westin Times Square will soon be competing with the Marriott Marquis even among their own loyal member base, which is two blocks away and the second biggest hotel in the city.

Westin-Times-Square
Westin Times Square New York

What do you make of this lawsuit against Starwood?

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Retired but Traveling Guest

It will be interesting to see how an individual hotel validates a contract breach. IF (and it is a big if) after the merger, you don't cross-pollinate the loyalty programs, and you don't show the other's properties on a reservation inquiry, then the client's experience hasn't changed.

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Steven Bonacorsi Guest

I stayed at The Westin Hotel in Saint Martin, Owned by Starwood Hotels, and managed by the Dawn Beach Club until I found ants all over the kitchen, then cockroaches, the place was so dirty and disgusting. So I elected not to buy only to find that the Dawn Beach Club fraudulently charged my credit card. This hotel and the staff that work there are a complete scam.

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Steven Kaufman Guest

I am (was) a loyal SPG member earning over 1Million points / year. Their points use to be best in the industry. Recently (and likely because Marriott points are cheap by comparison), Starwood has been devaluing points by raising hotel categories and their respective points by almost double. Used to be a $400 room would cost 20,000 points. Now 20,000 points get you a $200-250 room. My company has stopped loyalty and spending on SPG as a result. It is unlikely Marriott will get our loyalty either.

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Luies Guest

As an Starwood ( Sheraton ) Employee i would rather say that Marriott and Starwood should happen because Marriott really cares for their Staff & guests Where Starwood only care of there guests giving ZERO value to Staff ( Employee ) Starwood leads with 20 to 25 years same managements with old perspectives where Marriott is known for his Creativity

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Barbara Insider Guest

"Marriott and Starwood - the merger of silence and corruption. A demand for corporate transparency and integrity in the hospitality industry" www.thepetitionsite.com/takeaction/479/463/831

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