INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW algorithms (...), the risks for the competitive process and for consumers deriving from the use of algorithms based on artificial intelligence or on user profiling"23. Regardless of the objective difficulty of reaching a reasoned conviction on these aspects, the current version of Article 1 of Decree - Law No. 104 of 2023 proposes an administrative function of ensuring the effectiveness of its principles. Hence, these measures have a declared procedural slant, with a planned initiative of the Authority, intended to promote an orderly flow of flights to the islands and, more generally, competition on all domestic routes. In this perspective, the so - called profiling and the automated analysis of the “type of electronic devices used for bookings” are important24. In 2023, the Authority launched a fact - finding investigation aimed at verifying the spread of algorithms in the so - called revenue management systems used by airlines. In fact, carriers are increasingly making use of so - called “pricing algorithms” for the automated definition and dynamic adaptation of fares25. The progressive digitalisation of negotiation processes has increased the availability and variety of data that can be processed and, as a consequence, has improved the so - called revenue management systems, which are now able to guarantee a greater differentiation of fees according to the characteristics of demand or their rapid adaptation in response to other variables, such as production costs or the choices of competing companies. In fact, "the use of artificial intelligence and machine learning techniques could allow the definition of algorithms capable of elaborating new criteria of inference between data, according to a process of self - learning and, therefore, a management of pricing decisions (...), also based on the detection of the corresponding strategies of competitors and on a (...) systematic profiling of consumers"26. The fact - finding survey was prompted by the concern that, on routes to and from Sardinia or Sicily, particular requirements linked to the seasonal nature of demand and a reduced availability of alternative solutions could have a significant impact on the determination of fees; the Authority intends to assess the possible distortion of competitive dynamics. In particular, it 23 See Article 1(5) of Decree - Law No. 104 of 2023, as amended by Conversion Law No. 136 of 2023 and, therefore, in the text in force today. 24 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. 25 See M. D. Wittman - P. P. Belobaba, Personalization in airline revenue management. Heuristics for real - time adjustment of availability and fares, in Revenue pricing manag., 2017, 16, 376 ff. 26 See Order No. 30874 of 2023, published in the Competition and Market Authority Bulletin No. 44 of 20 November 2023.
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