If you're lucky and situated in the European Union, especially Germany, France, Italy or Switzerland, the courts are very likely to rule in your favor.
Or in the named examples already have done so.
For everybody else there are legal ways around the "Most Favored Nation" clauses in OTA agreements.
- by offering the room as package deal (i.e. with free WiFi) it escapes the scope of the MFN clause
- by excluding certain room types from the ota listings, offering them to direct visitors instead
- by making it a 'private' offer as part of a payback scheme
These loopholes also apply to the US market.