CONSUMER PROFILING IN AIR TRANSPORT AND TOURISM understood as an intrinsic factor of potential disorder to a limitation of their use for the preservation of the competitive structure of the market17. The subject of territorial continuity appears incidentally18, since the Authority may consider the fact that illegitimate conduct is "practised on national routes connecting with the islands", "during a period of peak demand linked to seasonality or in conjunction with a state of emergency", and leads "to a sale price of the ticket or ancillary services, in the last week prior to the flight, that is more than two hundred per cent higher than the average fare of the flight". These factors are always relevant in relation to restrictive agreements of competition or forms of abuse of a dominant position. For journeys inherent to the so - called territorial continuity19 (with confirmation of the original approach of August 2023), the "use of automated tariff determination procedures based on web profiling of the user or on the type of electronic devices used for bookings"20 is prohibited, in the event of economic prejudice. However, the criterion is also applied “to other domestic connections (...), in the presence of a state of emergency (...) or if road or rail travel (...) is, in whole or in part, prevented by exceptional events declared by public authorities”21. Therefore, forms of profiling are prohibited22, seen as a factor distorting fair competition, albeit within the framework of an initiative of the Authority. 2. THE FIRST INTERVENTIONS OF THE COMPETITION AND MARKET AUTHORITY In its interventions to promote competition and repress unfair practices, the Authority must assess "the structure of the market (...), the methods of price setting, also through the use of revenue management systems and 17 In particular, on the objective relevance of the abuse of a dominant position, regardless of the author's convictions, see C. Osti, Abuso di posizione dominante, loc. cit., 25 ff. 18 See Article 1(2) of Decree - Law No. 104 of 2023, as amended by Conversion Law No. 136 of 2023 and, therefore, in the text in force today. 19 That is, on connections to the islands and during a period of peak demand related to seasonality or in conjunction with a state of national emergency. 20 See Article 1(3) of Decree - Law No. 104 of 2023, as amended by Conversion Law No. 136 of 2023 and, therefore, in the text in force today. 21 See Article 1(4) of Decree - Law No. 104 of 2023, as amended by Conversion Law No. 136 of 2023 and, therefore, in the text in force today. 22 See: M. Nisevic, Profiling consumers through big data analytics: strengths and weaknesses of Article 22 GDPR, in Global privacy law review, 2020, 1, 107 ff.; see also P. De Hert - H. Lammerant, Predictive profiling and its legal limits: effectiveness gone forever?, in Exploring the boundaries of big data, 2016, 32, 145 ff.
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